Accessibility of restitution claims procedures

13.9 States should establish a clear time period for filing restitution claims.

13.6 States should ensure that users of housing, land and or property, including tenants, have the right to participate in the restitution claims process, including through the filing of collective restitution claims.

In such cases, administrative and judicial authorities may independently establish the facts related to undocumented restitution claims.

2.4 In 1994, the author filed two separate restitution claims with regard to his houses in Letkov and Plzen.

13.5 States should seek to establish restitution claims processing centres and offices throughout affected areas where potential claimants currently reside.

In the first case (the Letkov property), the Plzen mesto District Court refused the restitution claim on 13 November 1995, because the author did not fulfil the citizenship requirement during the initial period open for restitution claims, i.e. 1 October 1991 at the latest.

Restitution

The first two requirements had to be fulfilled during the time period in which restitution claims could be filed, between 1 April and 1 October 1991.

(a) Restitution

12.1 States should establish and support equitable, timely, independent, transparent and non discriminatory procedures, institutions and mechanisms to assess and enforce housing, land and property restitution claims.

Housing and property restitution for refugees and displaced persons

Housing and property restitution for refugees and displaced persons

Housing and property restitution for refugees and displaced persons

13.2 States should ensure that all aspects of the restitution claims process, including appeals procedures, are just, timely, accessible, free of charge, and are age and gender sensitive.

In order to facilitate the greatest access to those affected, it should be possible to submit restitution claims by post or by proxy, as well as in person.

(u) Victim restitution.

Post conflict restitution

Housing and property restitution for refugees and displaced persons 10

Housing and property restitution for refugees and displaced persons 39

2005 Housing and property restitution for refugees and displaced persons

13.7 States should develop restitution claims forms that are simple and easy to understand and use and make them available in the main language or languages of the groups affected.

Principles on housing and property restitution for refugees and displaced persons

Principles on Housing and Property Restitution for Refugees and Displaced Persons

States should not establish any preconditions for filing a restitution claim.

13.3 States should ensure that separated and unaccompanied children are able to participate and are fully represented in the restitution claims process, and that any decision in relation to the restitution claim of separated and unaccompanied children is in compliance with the overarching principle of the best interests of the child .

The average number of loss types is 3.14 for the claims in this instalment, compared with 2.01 for all claims in the regular category D claims programme, 1.93 for Jordanian claims and 1.71 for Kuwaiti claims.

Competent assistance should be made available to help persons complete and file any necessary restitution claims forms, and such assistance should be provided in a manner that is age and gender sensitive.

4.2 The State party underlines that Act No. 87 1991, in addition to the citizenship and permanent residence requirements, laid down other conditions that had to be met by claimants in order for them to be successful with their restitution claims.

All citizens have the right to present petitions, complaints and claims before competent authorities to demand the restitution of their rights when these have been violated or in defense of the general interest.

4.6 According to the State party, the author had the opportunity to acquire Czech citizenship in 1990 and 1991 he deprived himself of the opportunity to meet the citizenship requirement during the period open for restitution claims, by applying for citizenship only in 1992.

Enforcement of restitution decisions and judgements

13.10 States should ensure that persons needing special assistance, including illiterate and disabled persons, are provided with such assistance in order to ensure that they are not denied access to the restitution claims process.

The average amount claimed for the claims in this instalment is about USD 2 million, compared to about USD 820,000 for all claims, about USD 934,000 for Jordanian claims and about USD 861,000 for Kuwaiti claims in the regular category D claims programme.

13.4 States should ensure that the restitution claims process is accessible for refugees and other displaced persons regardless of their place of residence during the period of displacement, including in countries of origin, countries of asylum or countries to which they have fled.

Of these claims, the Panel recommends awards of compensation for two claims, while no awards are recommended for the remaining 16 claims.

The right to housing and property restitution

The nomads were ordered to pay restitution.

A struggle for the restitution of constitutional rights in Russia first became noticeable in 2009.

But if the man has no kinsman to whom restitution may be made for the guilt, the restitution for guilt which is made to Yahweh shall be the priest's besides the ram of the atonement, by which atonement shall be made for him.

Whilst LOAC IHL makes provision for inter State claims for compensation, there is no express provision for individual claims.

Of course, China s wounded psyche and the desire for restitution from its former tormentors deserve sympathy.

13.12 States should ensure that no one is persecuted or punished for making a restitution claim.

The Committee held that a state cannot impose arbitrary conditions for the restitution of confiscated property.

Section II. The Right to Housing and Property Restitution