of the Covenant, the State party is under an
obligation not only to respect but also to ensure to all
individuals within its territory and subject to its
jurisdiction all the rights recognized in the Covenant,
without distinction of any kind, such as race, colour,
sex, language, religion, political or other opinion,
national or social origin, property, birth or other
status. Where, as in the present case, the domestic
law regulates political parties, such law must be
applied without consideration. Furthermore, States
parties are thus under an obligation to protect the
practices of all religions or beliefs from
infringement11 and to ensure that political parties, in
their internal management, respect the applicable
provisions of article 25 of the Covenant.12
Consequently, the Committee need not address the
broader issue of what legislative and administrative
measures a State party must take in order to secure
that all citizens may meaningfully exercise their
right of political participation under article 25 of the
Covenant. The issue before the Committee is
whether the State party violated the authors’ rights
under the Covenant in that its courts gave priority to
the principle of party autonomy, over their wish to
be members in a political party that did not accept
them due to their membership in another
organization of ideological nature. The Committee
recalls its constant jurisprudence that it is not a
fourth instance competent to reevaluate findings of
fact or reevaluate the application of domestic
legislation, unless it can be ascertained that the
proceedings before the domestic courts were
arbitrary or amounted to a denial of justice. The
Committee considers that the authors have failed to
substantiate, for purposes of admissibility, that the
conduct of the courts of the State party would have
amounted to arbitrariness or a denial of justice.
Therefore, the communication is inadmissible under
article 2 of the Optional Protocol.
8.6 The Committee notes that although the
authors have made some references to the hardship
they have more generally experienced due to their
membership in the Church of Scientology, and to the
responsibility of the State party to ensure their rights
under the Covenant, their actual claims before the
Committee merely relate to their exclusion from the
CDU, an issue in respect of which they also have
exhausted domestic remedies in the meaning of
article 5, paragraph 2 (b), of the Optional Protocol.
9.
The Human Rights Committee therefore
decides:
11
a) That the communication is inadmissible
under article 2 of the Optional Protocol;
12
b) That this decision shall be communicated to
the State Party and to the authors.
Cf. CCPR, 48th Sess. (1993), General Comment
No. 22, at para. 9.
See CCPR, 57th Sess. (1996), General Comment
No. 25, at para. 26.
Communication No. 1220/2003
Submitted by: Walter Hoffman and Gwen Simpson
Alleged victim: The authors
State party: Canada
Declared inadmissible: 25 July 2005
February 1945, respectively. They claim to be
victims of violations by Canada of article 2,
paragraphs 1, 2 and 3; article 14; article 19,
paragraph 2; article 26 and article 27. They are
represented by counsel.
Subject matter: Compatibility with Covenant of a
statutory
requirement
for
signs
or
advertisements in a State party province.
Procedural issues: Exhaustion of domestic remedies
Substantive issues: Discrimination on basis of
language - Freedom of expression - Minority
rights - Fair trial - Effective remedy
1.2 On 26 April 2004, the Committee's (then)
Special Rapporteur on New Communications
decided to separate the consideration of the
admissibility and merits of the communication.
Articles of the Covenant: 2, paragraphs 1, 2 and 3;
14; 19, paragraph 2; 26 and 27
Factual background
Articles of the Optional Protocol: 5, paragraph 2 (b)
2.1 The authors, English speakers, are the two
shareholders and directors of a corporation registered
as “Les Enterprises W.F.H. Ltée”, doing business in
Ville de Lac Brome, Quebéc, under the firm names
‘The Lyon and the Walrus’ and ‘La Lionne et Le
1.1 The authors of the communication, initially
dated 4 October 2003, are Walter Hoffman and
Gwen Simpson, born 24 March 1935 and 2
45
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