cooperate fully with the Committee in the
consideration of communications submitted under
the Optional Protocol.
The complaint
3.
The author claims that he was dismissed
without justification. He claims that his
reclassification as a member of the Security Police
was only implemented to facilitate his dismissal, as
the law did not stipulate the termination of contracts
of officers working in the Civic Militia. Moreover,
he claims that he was subsequently denied access to
public service only because of his political opinions,
since he has been an active member of the Polish
United Workers' Party and refused to hand back his
membership card during the period of political
changes within the Ministry. He claims that this
constitutes discrimination in contravention of article
25 (c) of the Covenant.
7.2 The State party provides information
concerning the legal background of the facts of the
communication. It explains that, following profound
political
transformation
towards
restoring
representative democracy, it was necessary to
reorganize the Ministry of Internal Affairs, in
particular its political service sector. Parliament thus
adopted a Police Act and a Protection of State Office
Act, both of 6 April 1990. The Protection of State
Office Act provided for the dissolution of the
Security Police and the ex lege dismissal of its
officers. The Police Act provided for the dissolution
of the Civic Militia, but provided that its officers
became ex lege officials of the Police. However,
article 149 (2) makes exception for those Militia
officers who until 31 July 1989 were Security Police
officers posted in the Militia. These officers were ex
lege dismissed from their post. The changes became
effective on 1 August 1990.
Committee's admissibility decision
4.
On 25 October 1993, the communication was
transmitted to the State party under rule 91 of the
rules of procedure of the Human Rights Committee.
No submission under rule 91 was received from the
State party, despite a reminder addressed to it on
7 December 1994. By letter of 11 May 1995, the
author confirmed that his situation remains
unchanged.
7.3 Under article 132 (2) of the Protection of
State Office Act, the Council of Ministers issued
ordinance No. 69 of 21 May 1990, providing for
"verification proceedings" of the ex lege dismissed
officers before a Qualifying Committee. An appeal
was provided from negative assessments by the
Regional Qualifying Committees to the Central
Qualifying Committee. Upon application, the
Committees examined whether the applicant fulfilled
the requirements for officers of the Ministry of
Internal Affairs as well as whether (s)he was a
person of a high moral character. Those positively
assessed were free to apply for a post within the
Ministry. According to the State party, 10,349 of the
former Security Police officers who applied for
verification were positively assessed, while 3,595
received a negative assessment. The State party
explains that the reorganization of the Ministry led to
a substantial reduction of posts and a positive
verification assessment was merely a condition
necessary to apply for employment but did not
guarantee placement.
5.1 At its fifty-fourth session, the Committee
considered the admissibility of the communication.
The Committee noted with regret the State party's
failure to provide information and observations on
the question of the admissibility of the
communication.
5.2 As required by article 5, paragraph 2 (a), of
the Optional Protocol, the Committee ascertained
that the same matter was not being examined under
another procedure of international investigation or
settlement. With respect to the exhaustion of
domestic remedies, the Committee found that the
author met the requirements of article 5,
paragraph 2 (b), of the Optional Protocol.
5.3 The Committee observed that the author
alleged that he was denied access, on general terms
of equality, to public service in his country, a claim
which is admissible ratione materiae, in particular
under article 25 (c) of the Covenant.
7.4 On 2 July 1990, the Minister of Internal
Affairs issued an order confirming which categories
of posts were recognized as forming part of the
Security Police. According to the order, officers
employed until 31 July 1989 on posts of, inter alia,
Head and Deputy Head of the Political and
Educational Board were considered officers of the
Security Police.
6.
On 5 July 1995, the Human Rights Committee
declared the communication admissible.
State party's submission and author's comments
7.1 By submission of 11 March 1996, the State
party apologizes for its failure to provide
observations in time on the admissibility of the
communication. According to the State party, the
delay was attributable to extensive consultations
concerning the matter. The State party undertakes to
7.5 The State party further points out that
employment under the Police Act and the
Protection of the State Office Act is not regulated
by the Labour Code, but by the Code of
Administrative Procedure, an appointment being
77
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