visits to a certain site play an important role in one’s
identity, does not transform such visits into part of one’s
right to privacy. One can think of many activities, such as
participation in public worship or in cultural activities,
that play important roles in persons’ identities in different
societies. While interference with such activities may
involve violations of articles 18 or 27, it does not
constitute interference with one’s privacy.
present communication with some reluctance. Like the
Committee we too are concerned with the failure of the
State party to respect a site that has obvious importance in
the cultural heritage of the indigenous population of
French Polynesia. We believe, however, that this concern
does not justify distorting the meaning of the terms family
and privacy beyond their ordinary and generally accepted
meaning.
7.
We reach the conclusion that there has been no
violation of the authors' rights under the Covenant in the
Communication No. 552/1993
Submitted by: Wieslaw Kall
Alleged victim: The author
State party: Poland
Declared admissible: 5 July 1995 (fifty-fourth session)
Date of adoption of Views: 14 July 1997 (sixtieth session)
2.2 Under the Act, a special Committee was
established to decide on the applications of former
members of the Security Police for positions with
the new department. The author claims that he
should not have been subjected to "verification"
proceedings, because he had never been a security
officer. In view of his leftist opinions and
membership in the Polish United Workers' Party, his
application was dismissed by the Provincial
Qualifying Committee in Czestochowa. The
Committee considered that the author did not meet
the requirements stipulated for officers of the
Ministry of Internal Affairs. The author appealed to
the Central Qualifying Committee in Warsaw, which
quashed the decision, on 21 September 1990, and
held that the author could apply for employment
within the Ministry of Internal Affairs.
Subject matter: Dismissal from employment of
former civil servant
Procedural issues: Exhaustion of domestic remedies
- Admissibility ratione materiae
Substantive issues: Discrimination in access to
public service
Articles of the Covenant: 25 (c)
Article of the Optional Protocol and Rules of
procedure: 5, paragraph 2 (a) and (b), and
rule 91
Finding: No violation
1.
The author of the communication, dated
31 March 1993, is Wieslaw Kall, a Polish citizen,
residing in Herby, Poland. He claims to be a victim
of a violation of articles 2, paragraph 1, and 25 (c) of
the International Covenant on Civil and Political
Rights. The Covenant entered into force for Poland
on 18 March 1977. The Optional Protocol entered
into force for Poland on 7 February 1992.
2.3 The author's subsequent application for reemployment at the Provincial Police in
Czestochowa, however, was rejected on 24 October
1990. The author then complained to the Minister of
Internal Affairs by letter of 11 March 1991. The
Minister replied that the author had lawfully been
dismissed from service, in the context of the
reorganization of the department. In this connection,
the Minister referred to regulation No. 53 of
2 July 1990, according to which officers who
performed service on the Political and Educational
Board were considered to be members of the
Security Police.
The facts as submitted by the author
2.1 The author was employed in various positions
in the Civic Militia of the Ministry of Internal
Affairs for 19 years, and from 1982 to 1990 as a
cadre officer of the political and educational section,
at the senior inspector level. He stresses that the
Civic Militia was not identical with the Security
Police, and that he never wore the uniform of the
Security Police but only that of the Civic Militia. On
2 July 1990, he was retroactively reclassified as a
security police officer, and on 31 July 1990, he was
dismissed from his post, pursuant to the 1990
Protection of State Office Act, which dissolved the
Security Police and replaced it by a new department.
2.4 On 16 December 1991, the author applied to
the Administrative Court alleging unjustified
dismissal and error in subjecting him to verification
proceedings. On 6 March 1992, the Court dismissed
his application, considering that it was not within its
competence to hear appeals from Provincial
Qualifying Committees.
76
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