statement were the result of Quebec’s allegedly sexist policy have not been sufficiently substantiated, for purposes of admissibility. This part of the communication is therefore inadmissible under article 2 of the Optional Protocol. of the Criminal Code need not be addressed, since the author did not complain to the Minister of Justice about delays during the procedure. In addition, the Committee considers that the author has not effectively refuted the State party’s submission that the application for judicial review to the Federal Court of Canada under article 18.1 of the Federal Courts Act was indeed an available and effective remedy. The Committee also considers that the author’s argument that he was unaware of that remedy is not a valid argument, and that the State party cannot be held responsible for that situation. The Committee consequently finds that this part of the communication is inadmissible under article 5, paragraph 2 (b), of the Optional Protocol. 7.5 Concerning the author’s complaint of his difficulties in finding a job because of his criminal record, the Committee considers that the author has not exhausted domestic remedies with respect to this allegation of discrimination. Consequently, this part of the communication is inadmissible under article 5, paragraph 2 (b), of the Optional Protocol. 8. The Committee therefore decides: (a) That the communication is inadmissible under articles 2 and article 5, paragraph 2 (b), of the Optional Protocol; 7.4 Concerning the complaints of violations of articles 3 and 26 of the Covenant, the Committee considers that the author’s allegations that his sentence and the non-disclosure of Ms. Gascon’s (b) That this decision shall be communicated to the author and to the State party. Communication No. 989/2001 Submitted by: Walter Kollar (represented by Alexander H. E. Morawa) Alleged victim: The author State party: Austria Declared inadmissible: 30 July 2003 Subject matter: Equality in access to court Substantive issues: “Same matter” within the meaning of article 5, paragraph 2 (a), of the Optional Protocol. further to the provisions of article 5 (2) of the Protocol, the Committee provided for in Article 28 of the Covenant shall not consider any communication from an individual unless it has been ascertained that the same matter has not been examined by the European Commission on Human Rights established by the European Convention for the Protection of Human Rights and Fundamental Freedoms.” Articles of the Covenant: 14, paragraph 1, and 26 The facts as submitted by the author Procedural issues: Non-exhaustion of domestic remedies - Examination under another procedure of international investigation or settlement Articles of the Optional Protocol:5, paragraph 2 (a) and (b) 2.1 Since 1978, the author was employed as independent examining doctor (Vertrauensarzt) and, as of February 1988, as senior medical doctor (Chefarzt) at the Salzburg Regional Medical Health Insurance for Workers and Employees (Salzburger Gebietskrankenkasse für Arbeiter und Angestellte). 1.1 The author of the communication is Mr. Walter Kollar, an Austrian citizen, born on 3 August 1935. He claims to be a victim of violations by Austria1 of articles 14, paragraph 1, and 26 of the Covenant. He is represented by counsel. 2.2 On 22 September 1988, following accusations of illegal and inappropriate conduct against the author and his former supervisor, the Chairman of the Insurance unsuccessfully sought approval by the employees’ representative committee (Betriebsrat) to suspend the author from his function. 1.2 Upon ratification of the Optional Protocol on 10 December 1987, the State party entered the following reservation: “On the understanding that, 2.3 On 23 September 1988, the employer brought criminal charges against the author, which were ultimately not pursued by the prosecutor. The employer then initiated an equally unsuccessful private criminal prosecution. 1 The Covenant and the Optional Protocol to the Covenant entered into force for the State party respectively on 10 December 1978 and 10 March 1988. 21