Miris document ID: 1005490401702
Malik vs. Czech Republic
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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