Communication No. 20/1977
Submitted by: M. A. in December 1977
Alleged victim: Author's husband
State party: S
Date of decision: 25 January 1978 (third session)
Transmittal to State party under rule 91—Request to
State party for information
on
admissibility,
available remedies, whereabouts and state of health
of alleged victim
Article of Optional Protocol: 5 (2) (a) and (b)
The Human Rights Committee decides:
(a) That the communication be transmitted to the
State party concerned under rule 91 of the provisional
rules of procedure requesting from the State party infor
mation and observations relevant to the question of ad
missibility of the communication. If the State party con
tends that domestic remedies have not been exhausted,
it is requested to give, details of the effective remedies
available to the alleged victim in this case. If the State
party objects that the same matter is already being ex
amined under another procedure of international in
vestigation or settlement, it should give details including
information on the stage reached in those proceedings;
Ф) That the State party be requested to inform the
Committee of the alleged victim's whereabouts and his
state of health;
(c) That it should be explained to the author that the
Committee is precluded under article 5 (2) {a) of the Op
tional Protocol from considering a communication if
the same matter is being examined under another pro
cedure of international investigation or settlement. In
this connection the author should be requested to state
whether a case concerning the alleged victim has been
submitted by her or, to her knowledge, by any other
person to the Inter-American Commission on Human
rights. If so, she should give details, including any infor
mation in her possession as to the stage reached in the
procedure before the Inter-American Commission on
Human Rights, so as to assist the Committee in deter
mining whether the same matter is being examined
under that procedure;
(d) That the State party and the author be informed
that their information and observations should reach
the Human Rights Committee, in care of the Division
of Human Rights, United Nations Office at Geneva,
within six weeks of the date of the request;
(e) That the Secretary-General transmit any informa
tion or observations received to the other party as soon
as possible to enable the other party to comment
thereon if it so wishes. Any such comments should reach
the Human Rights Committee, in care of the Division of
Human Rights, United Nations Office at Geneva,
within four weeks of the date of the transmittal;
if) That the text of this decision be communicated to
the State party and the author.
Communication No. 22/1977
Submitted by: O. E. on 30 December 1977
Alleged victim: Author's son
State party: S
Date of decision: 25 January 1978 (third session)
Transmittal to State party under rule 91—Request
for information on admissibility and available
remedies—Interim measures—Request that alleged
victim not be expelled by State party—Request to
author for substantiation, and information on ex
haustion of domestic remedies
The Human Rights Committee decides:
(a) That the communication be transmitted to the
State party concerned under rule 91 of the provisional
rules of procedure requesting from the State party infor
mation and observations relevant to the question of ad
missibility of the communication. If the State party con
tends that domestic remedies have not been exhausted,
it is requested to give details of the effective remedies
available to the alleged victim in this case. If the State
party objects that the same matter is already being ex
amined under another procedure of international in
vestigation or settlement, it should give details including
information on the stage reached in those proceedings;
(¿>) That the State party be asked to inform the Com
mittee whether deportation or extradition of the alleged
victim to country X is being contemplated;
(c) That the State party be informed, in accordance
with rule 86 of the provisional rules of procedure, of the
view of the Committee that pending further considera
tion of the case, the alleged victim, having sought refuge
in S, should not be handed over or expelled to country
X;
(d) That the author be requested to furnish informa
tion
(i) In substantiation of the claim that each of the ar
ticles 7, 9, 13, 14 and 15 of the International