State party’s requirement of continued nationality.
Only Czechoslovak citizens enjoy restitution rights
under Act No. 87/1991, and he is not an ‘eligible
person’ under Section 3 of the Act. Although the
residency condition was removed by the State party
in 1993, the discriminatory citizenship condition
remains. Under these conditions, the author, as a
United States citizen and not a continuous Czech
citizen, has no standing in Czech courts of law and
therefore is unable to exhaust domestic remedies.
Under the ‘entitled person’ definition, his rights to a
remedy do not exist. In his view, the State party uses
procedural rules to block restitution, and therefore
breaches the Simunek precedent and article 26.11 He
concludes that his communication should be
declared admissible.
article 3 of the Optional Protocol, the Committee
notes that the last decision in the file is the decision
of the Constitutional Court of 4 March 1996,
rejecting the author’s request to appeal the previous
decision of 29 November 1995. Thus, a period of
almost ten years passed before the author submitted
his case to the Committee on 16 January 2006. The
Committee notes that there are no fixed time limits
for submission of communications under the
Optional Protocol and that mere delay in submission
does not of itself, except in exceptional
circumstances, involve an abuse of the right to
submit a communication.12 In this instance, although
the State party raised the issue that the delay
amounts to an abuse of the right of petition, the
author has not explained or justified why he waited
for nearly ten years before bringing his claims to the
Committee. Taking into account the fact that the
Simunek decision of this Committee13 was rendered
in 1995, and that the file indicates that the author
was aware of this decision soon thereafter, 14 the
Committee thus regards the delay to be so
unreasonable and excessive as to amount to an abuse
of the right of submission, and declares the
communication inadmissible pursuant to article 3 of
the Optional Protocol.
Issues and proceedings before the Committee
Consideration of admissibility
6.1 Before considering any claim contained in a
communication, the Human Rights Committee must,
in accordance with rule 93 of its rules of procedure,
decide whether or not it is admissible under the
Optional Protocol to the Covenant. The Committee
has ascertained, as required under article 5,
paragraph 2 (a), of the Optional Protocol, that the
matter is not being examined under another
procedure of international investigation or
settlement.
7.
The Human Rights Committee therefore
decides:
(a) That
the
communication
is
inadmissible under article 3 of the Optional Protocol;
6.2 As to the State party’s argument that the
submission of the communication to the Committee
amounts to an abuse of the right of submission under
(b) That
this
decision
shall
be
communicated to the State party and to the author.
12
See communication No. 787/1997, Gobin v. Mauritius,
Inadmissibility decision of 16 July 2001, para. 6.3,
communication No. 1434/2005, Claude Fillacier v.
France, Inadmissibility decision of 27 March 2006, para.
4.3 and communication No. 1101/2002, José María Alba
Cabriada v. Spain, Views adopted on 1 November 2004,
para. 6.3.
13
Communication No. 516/1992, Simunek et al v. Czech
Republic, Views adopted on 19 July 1995.
14
See footnote 3.
11
The author also refers to article 46 of the 1907 Hague
Convention which states that “private property cannot be
confiscated”.
50
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