appeal was heard on 3 and 4 July 1996. The Full Court refused to receive the new evidence, and dismissed the appeal on 10 October 1996. Political Rights (the Covenant); that Jessica is victim of violations of articles 2, paragraph 3; 7; 12, paragraphs 1 and 4; 14, paragraph 1; 17; 23, paragraph 1; and 24, paragraph 1; and that Samuel is victim of violations of articles 2, paragraph 3; 7; 17, paragraph 1; 23, paragraph 1; and 24, paragraph 1, of the Covenant. They are represented by counsel. 2.5 Following the dismissal of the appeal, Ms. Laing went into hiding with her two children. They were located on 9 January 1998 and detained. 2.6 On 9 April 1998, Ms. Laing lodged an application for leave to appeal to the High Court of Australia. The High Court refused the application on 7 August 1998 as Ms. Laing had not appealed within the statutory time-limit. 1.2 On 10 December 1999, the Special Rapporteur on New Communications and Interim Measures rejected the author’s request for interim measures. 2.7 Ms. Laing then returned to the Full Court of the Family Court, and requested a re-opening of the case. The Full Court of the Family Court reconstituted as a bench of five, heard the application to re-open the case on 27 and 28 August and 14 September, and dismissed the application on 9 February 1999, by a 3-2 majority. The facts as submitted 2.1 Ms. Laing married Lance Lynn Surgeon on 30 March 1991. Jessica was born on 9 November 1993, in the United States; she holds both Australian and American citizenship. The marriage disintegrated, and on 12 March 1994, Ms. Laing and Jessica, with Mr. Surgeon’s consent, travelled to Australia where they remained until November 1994. They returned to the US upon request from Mr. Surgeon, who had suffered a heart attack in the meanwhile. 2.8 At this point, Ms. Laing only had two remaining options; (a) to seek appeal to the High Court again, or (b) to apply to the Family Court and request that the Court issue a certificate to enable her to appeal to the High Court. The Family Court had issued only three such certificates since 1975; a certificate would only be issued if the case involves an important question of law or is of public interest. On 24 April 1999, the Family Court issued a certificate allowing the author to appeal again to the High Court, on the ground that the Full Court of the Family Court should re-open its decision to allow the application to be determined by reference to the proper and applicable law. Up to this point, Ms. Laing was not offered legal aid. However, she received a limited grant of legal aid for the appeal to the High Court. The High Court hearing started on 7 October 1999, on its final day on 18 November 1999, it dismissed the appeal without giving reasons. Ms. Laing therefore claims that domestic remedies have been exhausted. 2.2 On 12 January 1995, Ms. Laing and Jessica left the matrimonial home in the US for Australia without the knowledge of Mr. Surgeon. On 17 January 1995, he filed an action for divorce in Georgia Superior court. On 27 February 1995, the Court ordered Jessica's return to the State of Georgia, US. In April and May 1995, the Georgia Superior Court heard a Rule Nisi application of Mr. Surgeon ex parte, without Ms. Laing’s attendance, and ordered the dissolution of the marriage. It awarded the father "sole permanent custody" of Jessica, with no visitation rights for Ms. Laing until further order by a court of competent jurisdiction. 2.3 On 5 June 1995, Mr. Surgeon filed an application under the Hague Convention on the Civil Aspects of Child Abduction (the Hague Convention) to the US Central Authority. That application was communicated to the Australian Central Authority, which initiated proceedings in the Family Court on 28 June 1995, seeking an order that Mr. Surgeon be permitted to remove Jessica from Australia to the US. The Central Authority’s application was listed for hearing on 5 September 1995, but the hearing dates were vacated and proceedings adjourned. On 22 September 1995, Ms. Laing’s and Mr. Surgeon’s son Samuel was born in Australia. 2.9 From 1994, Ms. Laing has written letters and sent photographs and other information about the children to the father in the US. She contends that he has shown no interest in the children, nor made any financial contribution for their maintenance, or visited them in Australia, or maintained telephone contact with them over the years. The complaint 3.1 Ms. Laing claims that in violation of article 2, paragraph 3 of the Covenant, she does not have an adequate and effective remedy, since the Covenant is not incorporated into Australian domestic law in a manner which would enable her to enforce these rights. She submits that the Covenant is not part of Australian law and hence it has no legal effect upon 2.4 The application was heard before Justice O’Ryan in the Family Court of Australia on 2 and 5 February 1996. On 20 February 1996, he ordered that Jessica be returned to her father in the US. Ms. Laing appealed to the Full Court of the Family Court, requesting that new evidence be heard. The 7