not immediately registered as cases. In fact, the
number of authors who eventually submit cases for
consideration by the Committee under the Optional
Protocol is relatively small, partly because the
authors discover that their cases do not satisfy
certain basic criteria of admissibility, such as the
required exhaustion of domestic remedies, and partly
because they realize that a reservation or a
declaration by the State party concerned may operate
to preclude the Committee’s competence to consider
the case. These observations notwithstanding, the
number of communications placed before the
Committee is increasing steadily, and the
Committee’s work is becoming better known to
lawyers, researchers and the general public. The
purpose of the Selected Decisions series is to
contribute to the dissemination of its work.
protection. Volume 3 contains a selection of
decisions adopted from the thirty-third to thirty-ninth
sessions, Volume 4 a selection of decisions adopted
from the fortieth to the forty-sixth sessions, Volume
5 covers sessions forty-seven to fifty-five, Volume 6
covers sessions fifty-six to sixty-five and Volume 7
covers sessions sixty-six to seventy-four.
11. During the period covered by the present
volume, there has been once again a significant
increase in the number of communications submitted
to the Committee. The Special Rapporteur for New
Communications of the Committee, whose mandate
had been amended in 1991 to cope with the
increasing caseload, has continued to further review
and finetune his working methods. During the period
covered by the present volume, the Special
Rapporteur requested interim measures of protection
in cases.
9.
The first step towards wider dissemination of
the Committee’s work was the decision taken during
the seventh session to publish its Views: publication
was desirable in the interests of the most effective
exercise of the Committee’s functions under the
Protocol, and publication in full was preferable to
the publication of brief summaries. From the Annual
Report of the Human Rights Committee in 1979 up
to the 2005 report incorporating the eighty-fourth
session in July 2005, all of the Committee’s Views
and
decisions
declaring
communications
inadmissible, have been published in full.
12. So as to enable it to cope with an increasing
number of registered cases and in order to avoid a
growing backlog of pending cases, the Committee,
during its eighty-third session, authorized the
Working Group on Communications to adopt
decisions declaring communications inadmissible if
all members so agree. At its eighty-fourth session
(July 2005), the Committee introduced the following
rule 93(3) in its rules of procedure: “A working
group established under rule 95, paragraph 1, of
these rules of procedure may decide to declare a
communication inadmissible, when it is composed of
at least five members and all members so agree. The
decision will be transmitted to the Committee
plenary, which may confirm it and adopt it without
further discussion. If any Committee member
requests a plenary discussion, the plenary will
examine the communication and take a decision.”
10. At its fifteenth session, the Committee
decided to proceed with a separate project, the
periodical publication of a selection of its decisions
under the Optional Protocol, including certain
important decisions declaring communications
admissible and other decisions of an interlocutory
nature. Volume 1 of this series, covering decisions
taken from the second to the sixteenth session
inclusive, was published in 1985 in English.1
Volume 2 covers decisions taken from the
seventeenth to the thirty-second session and includes
all decisions declaring communications admissible,
two interim decisions requesting additional
information from the author and State party, and two
decisions under rule 86 of the Committee’s rules of
procedure, requesting interim measures of
13. The Special Rapporteur on Follow-Up on
Views also continued to review his working methods
during the period covered by the present volume.
In 1997, his mandate was formally reviewed, and
changes to the mandate incorporated into the
Committee’s rules of procedure. Under the revised
follow-up procedure, the Committee no longer
considers follow-up information on a confidential
basis but in public session. Follow-up missions by
the Special Rapporteur have also been suggested to
States parties.
14. As in the past, there has been a steady
increase in the number of individual opinions
appended by members of the Committee to decisions
on admissibility or final Views (rule 104 of the rules
of procedure). It is noteworthy that many members
have appended joint individual opinions, whether
concurring or dissenting. Readers will find numerous
examples of this practice in the present volume.
1
Human Rights Committee, Selected Decisions under the
Optional Protocol (Second to sixteenth sessions), New York,
1985 (United Nations publication, Sales No. E.84.XIV.2),
hereinafter referred to as Selected Decisions, vol.1.
For a detailed overview of the Committee’s
jurisprudence under the Optional Protocol, see Manfred
Nowak: ICCPR Commentary, 2nd edition (Engel Verlag,
2005).
2