CCPR/C/113/D/2013/2010
complaints that he was forced to confess his guilt. Counsel therefore contends that the
author exhausted all available domestic remedies.
The complaint
3.
Counsel claims that the author’s rights under articles 6 (1–2), 7, 9 (1–4) and 14 (1, 2
and 3 (a), (b), (d) and (g)) of the Covenant were violated by the State party, because he was
subjected to arbitrary arrest, torture and ill-treatment after his arrest, and was sentenced to
death after an unfair trial.
State party’s observations on admissibility and interim measures
4.1
On 6 January 2011, the State party submits that it did not assume any commitment
in accordance with the Optional Protocol to the Covenant. The present communication
should not have been registered by the Committee in the first place and, therefore, the State
party states that it has the honour of returning all the documentation related to the
communication. Furthermore, on 22 April 2011, the State party submits that the Committee
should not have registered the present communication, which was submitted by third-party
individuals who are not even subject to Belarusian jurisdiction.5
4.2
In a note verbale dated 25 January 2012, the State party added that, upon becoming a
party to the Optional Protocol, it had agreed, under article 1 thereof, to recognize the
competence of the Committee to receive and consider communications from individuals
subject to its jurisdiction who claim to be victims of a violation by the State party of any
rights protected by the Covenant. It notes, however, that that recognition was undertaken in
conjunction with other provisions of the Optional Protocol, including those establishing
criteria regarding petitioners and the admissibility of their communications, in particular
articles 2 and 5. The State party maintains that, under the Optional Protocol, States parties
have no obligation to recognize the Committee’s rules of procedure nor its interpretation of
the provisions of the Optional Protocol, which could only be effective when done in
accordance with the Vienna Convention on the Law of Treaties. It submits that, in relation
to the complaint procedure, States parties should be guided first and foremost by the
provisions of the Optional Protocol and that references to the Committee’s long-standing
practice, methods of work and case law are not subjects of the Optional Protocol. It also
submits that any communication registered in violation of the provisions of the Optional
Protocol will be viewed by the State party as incompatible with the Optional Protocol and
will be rejected without comments on the admissibility or merits, and any decision taken by
the Committee on such rejected communications will be considered by its authorities as
invalid. The State party considers that the present communication, as well as several other
communications before the Committee, were registered in violation of the Optional
Protocol.
Author’s comments on the State party’s observations
5.1
On 19 April 2013, counsel, on behalf of the author, submits that, by ratifying the
Optional Protocol to the Covenant, the State parties have recognized the Committee’s
competence to receive and consider “communications from individuals claiming to be
victims of violations” of their rights. The rules of procedure of the Committee and the
Optional Protocol to the Covenant do not have procedures for the State party to dispute the
5
In its letter, the State party reiterates that it has not taken any obligations under the Optional Protocol
to the Covenant. The State party also emphasizes that treaties such as the Optional Protocol to the
Covenant should be interpreted strictly in accordance with articles 31, 32 and 33 of the Vienna
Convention on the Law of Treaties.
5