friendly settlement between the parties, and, more im
portantly, in that the Committee has no power to hand
down binding decisions as does the European Court of
Human Rights. States parties to the Optional Protocol
endeavour to observe the Committee's views, but in case
of non-compHance the Optional Protocol does not pro
vide for an enforcement mechanism or for sanctions.
9. In its eleven years of existence, the Committee
has received many more than the 288 registered com
munications mentioned above. The Secretariat regularly
receives enquiries from individuals who intend to sub
mit a communication to the Committee. Such enquiries
are not immediately registered as cases. In fact, the
number of authors who eventually resubmit their cases
for consideration by the Committee under the Optional
Protocol is relatively low, partly because the authors
discover that their cases do not satisfy certain basic
criteria of admissibility, such as the required exhaustion
of domestic remedies, 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 each year is increasing steadily,
and the Committee's work is becoming better known to
lawyers, research workers and the general pubhc. If this
volume of Selected Decisions contributes to making
the work of the Committee more generally known, it
will have served a useful purpose.
10. The first step towards a wider dissemination of
the Committee's work was the decision, taken during
the seventh session, to pubhsh its views, that pubHcation
was desirable in the interest of the most effective exer
cise of the Committee's functions under the Protocol,
and that publication in full was preferable to the
publication of brief summaries. In the Annual Reports
of the Human Rights Committee, beginning with the
1979 report and up to the 1987 report, covering up to
the thirtieth session inclusive, all of the Committee's
views (76), a selection of 29 of its decisions declaring
communications inadmissible, and one decision to
discontinue consideration have been pubhshed in full.'
11. At its fifteenth session, the Committee decided
to proceed with the periodical publication of a selection
' See Official Records of the General Assembly,
Thirty-fourth
Ses
sion, Supplement No. 40 ( A / 3 4 / 4 0 ) ; Thirty-fifth Session,
Supplement
No.
40 ( A / 3 5 / 4 0 ) ; Thirty-sixth
Session,
Supplement
No.
40
( A / 3 6 / 4 0 ) ; Thirty-seventh
Session, Supplement
No. 40 ( A / 3 7 / 4 0 ) ;
Thirty-eighth
Session, Supplement
No. 40 ( A / 3 8 / 4 0 ) ;
Thirty-ninth
Session, Supplement No. 40 ( A / 3 9 / 4 0 ) ; Fortieth Session,
Supplement
No. 40 ( A / 4 0 / 4 0 ) ; Forty-first Session, Supplement No. 40 ( A / 4 1 / 4 0 ) ;
Forty-second
Session, Supplement
No. 40 ( A / 4 2 / 4 0 ) .
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 sessions, inclusive, was
published in 1985 in EngHsh.^ The present volume
covers decisions taken from the seventeenth to the
thirty-second sessions, inclusive. It contains all "views"
adopted under article 5 (4) of the Optional Protocol, all
decisions declaring communications inadmissible, one
decision to deal jointly with communications, three
decisions declaring communications admissible, two in
terim decisions requesting additional information from
the author and State party and two decisions under rule
86 of the Committe's provisional rules of procedure, re
questing interim measures of protection.
12. With regard to the pubHcation of decisions
relating to communications declared inadmissible or on
which action has been discontinued; the names of the
author(s) and of the alleged victim(s) are replaced by let
ters or initials. With respect to decisions of an in
terlocutory kind, including decisions declaring a com
munication admissible, the names of the author(s), the
alleged victim(s) and the State party concerned may also
be deleted.
13. Communications under the Optional Protocol
are numbered consecutively, indicating the year of
registration (e.g. No. 1/1976, No. 288/1988).
14. At its fifteenth session, the Human Rights Com
mittee discussed the usefulness of pubHshing a digest of
the Committee's jurisprudence as reflected in its final
decisions. Such a digest would facilitate a systematic
study of the Committee's interpretation of the pro
visions of the International Covenant on Civil and
Political Rights and of the Optional Protocol thereto.
Although the Committee has estabhshed a number of
important precedents since 1977, its jurisprudence is still
evolving. It is to be expected that in the course of the
coming years, the Committee will issue the first volume
of a digest of its jurisprudence.'
' Human Rights Committee,
Selected Decisions under.the
Optional
Protocol (Second to sixteenth sessions). New York, 1985 (United
Nations publication, Sales N o . E.84.XIV.2), hereinafter referred to as
Selected Decisions . . ., vol. 1. French and Spanish versions were
published in June 1988.
' For an introduction to the Committee's jurisprudence from the
second to the twenty-eighth sessions, see A . de Zayas, J. Moller,
T. Opsahl, "Application of the International Covenant on Civil and
Political Rights under the Optional Protocol by the Human Rights
Committee" in German Yearbook of International
Law, vol. 28,
1985, pp. 9-64. Reproduced by the United Nations Centre for Human
Rights as Reprint N o . 1, 1989.