Legal cases

Karel Des Fours Walderode and Johanna Kammerlander v. Czech Republic

Legal case |
Karel Des Fours Walderode and Johanna Kammerlander v. Czech Republic

 

(Communication No. 747/1997), CCPR/C/73/D/747/1997

Subject:

Article 2 (1), Article 14 (1), Article 26 – equal before the courts and tribunals / equal before the law / entitled to equal protection of the law / discrimination on the ground of other status – citizenship

The Czech law provided for restitution of agricultural and forest property confiscated under Decree 12/1945. To be eligible for restitution, a claimant had to have Czech citizenship under Decree 33/1945 (or under Law 245/1948, 194/1949 or 34/1953).

Conclusion:

No violation of article 14(1); violation of Article 26 in conjunction with Article 2: The Human Rights Committee held that a law requiring citizenship as a necessary condition for restitution of property previously confiscated by the authorities makes an arbitrary, and consequently, a discriminatory distinction between individuals who are equally victims of prior state confiscations, and constitutes a violation of Article 26 of the Covenant.

(Paragraph 8.4)