cational, Scientific and Cultural
Organization
(UNESCO). The Committee finds however that
UNESCO has at present no procedure of international
investigation or settlement, as referred to in article 5 (2)
(a) of the Protocol, relevant to this case.
admissible by the Inter-American Commission on
Human Rights under the special procedure
governed by articles 53 to 57 of its Regulations,
(ii) That the Committee is precluded by article 5 (2)
(a) of the Optional Protocol from considering a
communication if the same matter is being ex
amined under another procedure of international
investigation or settlement. If the authors main
tain that the matter which they have submitted to
the Human Rights Committee in all or any of
these cases is not the same matter which is under
consideration by the Inter-American Commission
on Human Rights, they should inform the Com
mittee of their grounds for so maintaining and
furnish the Committee with any other informa
tion in their possession relating to the submission
of the cases to and their examination by the InterAmerican Commission on Human Rights. In the
absence of any such further information pertinent
to this question, the Committee may have to con
clude that they concern the same matter;
The State party further submits that in none of the ac
cusations is there any mention of the fact that the in
dividuals in question have ever had recourse to, let alone
exhausted, domestic legal remedies or, if such a mention
is made, it is made in a manner designed to mislead the
members of the Committee. The State party has not
however specified the remedies which it claims are or
were available to the alleged victims and which they
should have exhausted. The authors of the communica
tion on their part deny the existence of effective
remedies to which recourse should have been made. In
the absence of more specific information concerning the
domestic remedies said to be available to the alleged vic
tims, B, С and D, and the effectiveness of those
remedies as enforced by the competent authorities in S,
the Committee is unable to accept that there are effec
tive domestic remedies whichahe alleged victims have
failed to exhaust.
(c) The authors be informed that their reply should
reach the Human Rights Committee in care of the Divi
sion of,Human Rights, United Nations Office at
Geneva, within six weeks of the date of the letter ad
dressed to them;
The Human Rights Committee therefore decides:
1. That the authors of the communication have not
established that they have the necessary standing to act
on behalf of the alleged victims who are not signatories
of the communication and consequently the com
munication is inadmissible in so far as these alleged vic
tims are concerned;
4. That the Secretary-General transmit any reply
received from the authors to the State party as soon as
possible to enable the State party to comment thereon if
it so wishes;
5. That at the same time the State party be informed
that, in the absence of more specific information con
cerning the domestic remedies said to be available to the
alleged victims, B, С and D, and the effectiveness of
those remedies as enforced by the competent authorities
in S, the Committee is unable to accept that these al
leged victims have failed to exhaust such remedies. The
communication will therefore not be considered inad
missible in so far as exhaustion of domestic remedies is
concerned, unless the State party gives details of the
remedies which it submits have been available to each of
the alleged victims in the circumstances of his case,
together with evidence that there would be a reasonable
prospect that such remedies would be effective;
2. That the claims presented in the communication
in respect of ... eleven [of the] authors of the com
munication relate to events prior to 23 March 1976, the
date of the entry into force of the Covenant and the Op
tional Protocol for S and consequently the communica
tion is inadmissible in so far as these alleged victims are
concerned;
3. That before deciding finally on the admissibility
of the communication in respect of B, С and D,
(a) The authors be requested:
(i) To furnish further detailed information with
regard to the claim in respect of B, including in
formation as to when he ceased to be detained in
prison in S,
(ii) To furnish further detailed information with
regard to the claims in respect of С and D;
(b) The authors be informed:
(i) That the Committee understands that [two] cases
concerning D... (..., 8 February 1976, and
Oc
tober 1976) have been submitted to and declared
6. That the State party be informed that any such
comments and information 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;
7. That the text of this decision be communicated to
the State party and the authors.
18
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