Appendix 13
Decree of President Dr. Benes of August 2, 1945
concerning the right to Czechoslovak citizenship of persons of German and
Magyar nationality
(Decree No. 33)
With regard to the proposal of the Government and in accordance with the
Agreement with the Slovak National Council, I decree:
§ 1
1. Czechoslovak citizens of German or Magyar nationality who acquired
German or Magyar citizenship under the regulations of the foreign occupational
forces shall have lost their Czechoslovak citizenship by so doing.
2. The other Czechoslovak citizens of German or Magyar nationality
shall lose their Czechoslovak citizenship on the day this edict comes into
force.
3. This edict does not apply to Germans or Magyars who, during the
time of increased threat to the Republic (§ 18 of the Edict of the President of
the Republic, dated June 19, 1945, concerning the punishment of National
Socialist criminals, traitors and their accomplices and concerning the Special
People's Courts), registered as Czechs or Slovaks during the official census.
4. Czechs, Slovaks and persons of other Slav nationalities who during
that time professed themselves Germans or Magyars under pressure or under
extenuating circumstances shall not be adjudged Germans or Magyars insofar as
the Ministry of the Interior, after a thorough examination of the facts quoted,
approves the attestation of national reliability as issued by the appropriate District
National Committee.
§ 2
1. Persons to whom the provisions of § 1 are applicable, and who
prove that they remained loyal to the Czechoslovak Republic, that they never
committed any offence against the Czech and Slovak people, and that they either
participated actively in the fight for liberation or suffered under the National
Socialist or fascist terror, shall retain Czechoslovak citizenship.
2. The application for a certificate stating that Czech citizenship may be
retained can be submitted to the appropriate District National Committee within 6
months of the day this Edict comes into force and, if the applicant resides abroad,
can be submitted to the appropriate consular authorities. The result of the
application shall be decided by the Ministry of the Interior after considering the
recommendation of the Provincial National Committee and, in Slovakia, the
proposal of the National Council. The persons in question shall be considered as
Czechoslovak citizens until a final decision is made, provided that the District
National Committee or the authorities representing it issue a certificate stating the
circumstances mentioned above.
3. The retention of Czechoslovak citizenship in the case of
Czechoslovak military persons of German or Magyar nationality shall be decided
on ex officio in the shortest possible time by the Ministry of the Interior
after considering the recommendation of the Ministry of National Defence. Until
the official decision is made they shall be considered as Czechoslovak
citizens.
§ 3
Persons who have lost their Czechoslovak citizenship under § 1 may apply
to the appropriate District National Committee or the authorities representing it
for restitution within 6 months of the date which will be appointed in the
promulgation of the Ministry of the Interior and published in the Compilation of
Statutes and Enactments. The Ministry of the Interior, after considering the
recommendation of the Provincial National
Committee - in Slovakia, after considering the recommendation of the Slovak
National
Council - shall decide the result of such an application after an objective
consideration of the case; it shall not approve an application, however, if the
applicant has violated his duties as a Czechoslovak citizen. Provided that no
Government Decrees stipulate otherwise, the general regulations concerning the
acquisition of Czechoslovak citizenship shall apply also to these cases.
§ 4
1. For the purposes of this Edict, married women and juveniles shall be
judged separately.
2. Applications under § 3 submitted by the wives and underage
children of Czechoslovak citizens are to be judged with lenience; until a final
decision is made the applicants are to be considered as Czechoslovak
citizens.
§ 5
Czechs, Slovaks and members of other nations, who applied for German or
Magyar citizenship during the time of the increased threat to the Republic (§
18 of the Edict of the President of the Republic No. 16/1945, Compilation of
Statutes and Enactments) without being forced to do so by reason of pressure or
special circumstances, shall lose their Czechoslovak citizenship as of the day on
which this Edict comes into force.
§ 6
This Edict shall become effective as of the date of its publication. It will be
carried out by the Minister of the Interior conjointly with the Secretary of State
for Foreign Affairs and the Minister of National Defence.
[sgd.:]
Dr. Beneš Fierlinger
Masaryk Nosek General Svoboda
Documents on the Expulsion of the Sudeten
Germans
Survivors speak out
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