CEDAW/C/74/D/126/2018
5.6 Moreover, the Undercover Policing Inquiry does not constitute an adequate
domestic remedy because, inter alia: (a) the inquiry is unreasonably prolonged, and
substantial portions of it are held in private with no access offered to the authors;
(b) it is not certain that information or assurances of non-repetition to the authors as
part of the inquiry will be provided; (c) it has been stated that the final report on the
inquiry will be provided to the Secretary of State for the Home Department towards
the end of 2023, thus constituting an unreasonable period in which to wait for a
remedy; (d) it has not been guaranteed that the findings of the inquiry will be made
public; and (e) the authors are extremely concerned by the lack of understanding by
the Chair of the inquiry of issues relating to sex-based discrimination and have little
confidence that issues of discrimination will be adequately addressed as part of the
inquiry. The Chair admitted that he has never received any training in discrimination
and stated in February 2018 that “experience of life tells [him]” that “officers who
have reached a ripe old age who are still married to the same woman [are] less likely
to have engaged in extramarital affairs”. The relevance of this is that the Chair was
more likely to believe an undercover officer who denied having sexual relations with
women he spied on if he were married.
5.7 Furthermore, the harm suffered by the women was not purely economic. They
wasted important years of their lives nurturing decepti ve relationships that provided
no basis for future settled lives. Some of the authors considered or may have
considered having children, but this did not happen owing to various excuses provided
by the officers. The authors’ ability to trust has been damaged, thereby hampering
their formation of new relationships. Discovery and assurances of non -repetition are
therefore as important, if not more important, to the authors than financial
compensation.
5.8 The authors reiterate that they have victim status be cause they have not been
afforded an effective remedy. The communication is not inadmissible ratione
temporis because the violations claimed are not limited to the original deception but
are instead continuing violations owing to the lack of an effective r emedy. While some
of the violations date from before December 2004, the failure to provide an effective
remedy is an ongoing breach of the Convention.
Issues and proceedings before the Committee
6.1 In accordance with rule 64 of its rules of procedure, the Committee must decide
whether the communication is admissible under the Optional Protocol. Pursuant to
rule 66, the Committee may decide to examine the admissibility of the communication
separately from its merits. Pursuant to rule 72 (4), it is to do so before considering the
merits of the communication.
6.2 In accordance with article 4 (2) of the Optional Protocol, the Committee has
ascertained that the matter has not already been and is not being examined under
another procedure of international investigation or settlement.
6.3 The Committee recalls that, under article 4 (1) of the Optional Protocol, it is
precluded from considering a communication unless it has ascertained that all
available domestic remedies have been exhausted or that the application of such
remedies is unreasonably prolonged or unlikely to bring effective relief. 6 The
Committee recalls its jurisprudence to the effect that authors must avail themselves
of all available domestic remedies and must have raised in substance at the national
level the claim before the Committee, so as to provide the national authorities and/or
__________________
6
19-22187
See E.S. and S.C. v. United Republic of Tanzania (CEDAW/C/60/D/48/2013), para. 6.3; and L.R.
v. Republic of Moldova (CEDAW/C/66/D/58/2013), para. 12.2.
13/15
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