| Miris document ID: 1005490401702 |
| Author: |
UN Human Rights Committee |
| Language: |
English |
| Source: |
The Office of the High Commissioner for Human Rights
|
| Country: |
Czech Republic |
| Category: |
quasi-judicial decision |
| Government level: |
International |
| Guiding principle: |
With regard to the author's claim under article 12, paragraph 4, of the Covenant, the Committee notes that the deprivation of his citizenship and his expulsion in 1946 were based on Benes' decree No. 33. Although the Constitutional Court in the Czech Republic declared Benes' decree No. 108, authorizing the confiscation of properties belonging to ethnic Germans, constitutional, the Court was never called upon to decide the constitutionally of decree No. 33. The Committee also notes that, following the Court's judgment of 8 March 1995, the Benes' decrees have lost their constitutional status. The compatibility of decree No. 33 with higher laws, including the Covenant which has been incorporated in Czech national law, can thus be challenged before the courts in the Czech Republic. The Committee considers that under article 5, paragraph 2 (b), of the Optional Protocol, the author should bring his claim first before the domestic courts before the Committee is in a position to examine his communication. This claim is thus inadmissible for non-exhaustion of domestic remedies. |
| Date of
judgement:
|
1998-11-3 |
| Document number: |
CCPR/C/64/D/669/1995 |
| Official version: |
yes |
| Edition number: |
CCPR/C/64/D/669/1995 |
| Legally binding: |
no |
| Subject areas: |
non-discrimination |
| Minority groups: |
Germans |
| Related laws: |
Benes Decree No. 33/1945, No. 108/1945 |
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