CCPR/C/130/D/2780/2016
refusal to proceed with the registration was lawful. In this respect, the Committee also notes
that the authors themselves acknowledge that Crédit foncier de France later had the names of
the authors published at the Office of the Mortgage Registrar as the true owners. The
Committee therefore finds that the authors have not sufficiently substantiated their claim in
this regard and that it is inadmissible under article 2 of the Optional Protocol.
f.
Right to full reparation for all damages caused
10.13 The authors are also of the opinion that article 2 (3) of the Covenant was violated, as
they have not obtained full reparation for all the harm caused by the violation of articles 14
(1) and 17. The State party considers these claims unfounded, as no application for
compensation has ever been submitted to the domestic courts. Moreover, the damages alleged
by the authors are connected, in the State party’s view, not to these claims but to legal fees
incurred as a result of proceedings in addition to the two proceedings for the seizure and sale
at auction of their home
10.14 The Committee notes that the damages in question relate to the legal fees for the
various proceedings to which the authors were parties and are a natural consequence of their
exercise of their rights. Accordingly, in the absence of any further information on the
exhaustion of domestic remedies relating to a full remedy and on the unreasonableness of
these fees, the Committee considers that it is precluded by article 5 (2) (b) of the Optional
Protocol from examining the present communication, and that the authors have not
sufficiently substantiated their claim in this regard; it therefore considers the claim
inadmissible under article 2 of the Optional Protocol.
11.
The Human Rights Committee therefore decides:
(a)
That the communication is inadmissible under articles 2 and 5 (2) (b) of the
Optional Protocol;
(b)
That the present decision shall be communicated to the State party and the
author.
14
GE.21-01892