Iranek-Osmecki v.Germany

Date02 Junio 1959
CourtObsolete Court (Germany)
Arbitral Commission on Property, Rights and Interests in Germany, First Chamber.

(Wickstrm, President; Euler, Bennett.)

Federal Republic of Germany.

Prisoners of war Geneva Convention, 1929 Article 23 Whether prisoner entitled to peace-time pay in addition to combat pay Whether treatment discriminatory within meaning of Convention on Settlement of Matters Arising out of the War and Occupation, 19521954.

Treaties Special kinds of Peace treaties Analogous instruments Convention on Settlement of Matters Arising out of the War and Occupation, 19521954 Return of property Whether treatment of applicant discriminatory Geneva Convention on Treatment of Prisoners of War, 1929.

The Facts.The complainant, who at the date of the judgment resided in Great Britain, was a Polish national and a colonel in the Polish army. He was taken prisoner of war on October 5, 1944, during the war between the German Reich and Poland. At first, he was held in a prisoner of war camp at Langwasser and later in a camp at Mark Pongau, from where he was liberated on May 5, 1945, by troops of the Allied Powers. He had been obliged to deposit with the commandant of the camp at Langwasser, against a receipt dated October 13, 1944, the sum of 11,756 Zloty then in his possession. Upon his liberation, he did not receive that sum or its equivalent.

During his imprisonment, he received a monthly allowance in addition to accommodation and food.

The complainant claimed before the Bundesamt fr die Prfung auslndischer Rckgabe- und Wiederherstellungsansprche (Federal Office for the Examination of Foreign Claims for Return and Restoration): (1) payment of the above-mentioned sum of 11,756 Zloty in German or British currency; and (2) the pay due to him under Article 23 of the Geneva Convention of July 27, 1929, on the Treatment of Prisoners of War.

By decision of April 30, 1958, the Bundesamt rejected the application. After service of the decision upon him on May 27, 1959, the complainant on June 25, 1958, filed a complaint with the Commission in which he appealed from the decision of the Bundesamt.

Held: that the appeal must be dismissed. It had not been established that any property, rights, or interests of the complainant had suffered discriminatory treatment.

The Commission said: The complainant alleged that the fact that he had not received the amounts claimed had been the result of discriminatory treatment to which he personally, and all Polish officer prisoners of war in...

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