CCPR/C/121/D/2471/2014
8.4
The Committee notes the State party’s observation that the present communication
was registered in violation of the provisions of the Optional Protocol, in particular because
it seems that the author did not authorize his wife to submit a complaint on his behalf and
because the identity of the contact person indicated for correspondence purposes is unclear.
In this regard, the Committee recalls its practice, as reflected in rule 96 (b) of its rules of
procedure, that individuals may be represented by a duly authorized person of their choice.
A communication submitted on behalf of an alleged victim may, however, be accepted
when it appears that the individual in question is unable to submit the communication
personally. Implicit in a State’s adherence to the Optional Protocol is the undertaking to
cooperate with the Committee in good faith so as to permit and enable it to consider such
communications, and after examination thereof, to forward its Views to the State party and
the individual (art. 5 (1) and (4)).3 It is incompatible with those obligations for a State party
to take any action that would prevent or frustrate the Committee in its consideration and
examination of a communication, and in the expression of its Views. 4 It is for the
Committee to determine whether a communication should be registered. The Committee
observes that, by refusing the right of an individual to be represented, by failing to accept
the competence of the Committee to determine whether a communication should be
registered and by declaring beforehand that it will not accept the Committee’s
determination on the admissibility or on the merits of the communication, the State party
would be violating its obligations under article 1 of the Optional Protocol.
8.5
The Committee takes note of the author’s claim under article 18, read in conjunction
with articles 6, 7, and 14 (1) and (2) of the Covenant, that, if expelled to the Islamic
Republic of Iran, he would be at risk of torture and execution due to his conversion to
Christianity in 2002. In this regard, the Committee notes that the author has not provided
supporting documents demonstrating that the Iranian authorities are aware of his conversion.
Noting also that, with regard to his previous trips to and extended stay in the Islamic
Republic of Iran in 2009 to 2011 and 2012, the author has not reported encountering any
problems related to his conversion, the Committee finds this claim to be insufficiently
substantiated for the purposes of admissibility under article 2 of the Optional Protocol.
8.6
The Committee notes the author’s claim that his family life would be affected were
he to be expelled to the Islamic Republic of Iran. From the information before it, the
Committee notes that, while he had raised this issue in his initial asylum application to the
Department of Citizenship and Migration on 16 August 2013, he did not raise it before the
appeal and cassation courts. The Committee considers that the author has not exhausted all
available domestic remedies concerning his claim under articles 17 and 23 of the Covenant
and finds it inadmissible under article 5 (2) (b) of the Optional Protocol.
8.7
As to the remainder of the communication, the Committee takes note of the State
party’s argument that the author has not exhausted all the effective domestic remedies,
since he has not filed request for supervisory review with the President of Minsk City Court,
the President of the Supreme Court and his or her deputies, or the Prosecutor General and
his or her deputies. The Committee considers that filing a request for supervisory review
with the President of a court with regard to a court decision that has entered into force
constitutes an extraordinary remedy, which would depend on the discretionary powers of a
judge, and the State party would have to show that there is a reasonable prospect that such a
request would result in an effective remedy in the circumstances of the case. 5 The
Committee takes note of the statistics provided by the State party on a number of requests
filed for supervisory review upheld by the Supreme Court (para 6.3 above). It notes,
however, that these statistics do not specify whether and in how many cases the requests for
supervisory review filed with the President of the Supreme Court were successful in cases
similar to the present one. In such circumstances, the Committee finds that article 5 (2) (b)
3
4
5
6
See, mutatis mutandis, communication No. 1929/2010, Lozenko v. Belarus, Views adopted on 24
October 2014, para. 5.2.
See, inter alia, communications No. 869/1999, Piandiong et al. v. the Philippines, Views adopted on
19 October 2000, para. 5.1; and No. 1948/2010, Turchenyak et al. v. Belarus, Views adopted on 24
July 2013, para. 5.2.
See, for example, communication No. 2030/2011, Poliakov v. Belarus, Views adopted on 17 July
2014, para. 7.3.