in tile possession of United States authorities at that
time, was thoroughly inconsistent with the other two.
The State party submits that the decision to commit
L. P. for extradition was taicen, and reviewed, by com
petent, independent and impartial tribunals and that
this fact has not been challenged by him. The State
party further argues that L. P. failed to seek leave to ap
peal to the Supreme Court of Canada and that he also
failed to apply for a writ of habeas corpus to have the
legality of his committal adjudicated. Thus, the State
party contends, L. P. failed to exhaust all available
domestic remedies, as far as his extradition was
concerned.
(c) Partly concerned with events prior to the date of
entry into force of the Covenant for Canada (i.e. incom
patible ratione temporis);
id) Lacking in respect of the requirement set out in
article 5 (2) (b) of the Optional Protocol, to the effect
that the alleged victim of a violation must, before sub
mitting a claim for consideration by the Committee,
have exhausted all available domestic remedies.
On the basis of the information before it the Human
Rights Committee concludes:
1. In so far as L. P. complains about his extradition
and alleges violations of articles 13 and 1 (3) of the
Covenant, it is not necessary to decide whether any of
these provisions might be applicable or whether the
facts could be seen to raise issues in that regard, this
part of his complaint being inadmissible because the
author, by not seeking leave to appeal before the
Supreme Court of Canada, failed to exhaust domestic
remedies as required by article 5 (2) ф) of the Optional
Protocol;
In respect of L. P.'s claim that he was subjected to illtreatment while in custody in Canada, which claim con
cerns his confinement in an isolation cell, physical
restraint by mechanical means (the use of leg irons) lack
of physical exercise and lack of hygienic facilities, the
State party submits that two of his three complaints
before the appropriate Canadian authorities, filed prior
to the entry into force of the Covenant for Canada,
namely on 19 February and 15 April 1976, were exam
ined by these authorities and remedied as far as they
were found justified. His third complaint, a court action
against the Province of British Columbia, instituted on
6 August 1976, i.e., also before the entry into force of
the Covenant for Canada, was never adjudicated, the
State party submits, because of failure by L. P. to pur
sue the action.
2. In so far as the author complains that he was sub
jected to various forms of mistreatment in violation of
articles 7 and 10 of the Covenant, it is again not
necessary to decide whether the alleged facts could raise
any issue under these provisions, this part of his com
plaint being inadmissible ratione temporis as far as
events alleged to have taken place prior to 19 August
1976 are concerned, and, for any later events, being in
admissible for failure to exhaust domestic remedies,
since he did not pursue the civil action introduced by
him, his subsequent extradition from Canada not being
a sufficient reason for this failure;
In respect of the claim that L. P. was denied the
possibihty of preparing the case regarding his extradi
tion properly, the State party rejects the claim as un
substantiated and observes that L. P. was afforded
privileges going beyond those normally enjoyed by per
sons detained in prison and that he had numerous visits
from his lawyers (including 72 visits from the time the
Covenant entered into force, until he was extradited);
moreover, it observes that he never made that complaint
before the Canadian authorities.
3. In so far as the author also appears to complain
that he was arbitrarily arrested and detained, and refers
in this respect to article 9(1), again this part of his com
plaint is inadmissible ratione temporis as far as his ar
rest and his detention prior to 19 August 1976 are con
cerned, and with respect to his detention after that date,
inadmissible for failure to exhaust domestic remedies,
e.g. by way of habeas corpus proceedings;
The Human Rights Committee notes that the infor
mation and observations furnished by the State party
deal both with issues concerning the merits of L. P.'s
claims, inasmuch as alleged breaches of the Covenant
are concerned, as well as issues of direct relevance to the
question of admissibility of his communication under
the Optional Protocol. The State party contends that
L. P.'s communication should be declared inadmissible
under the Optional Protocol because it is:
(a) Partly incompatible with the Covenant (i.e. ra
tione materiae) as concerning matters not covered by it,
and partly abusive (on particular grounds referred to by
the State party);
(b) Partly not directed against Canada (i.e. incom
patible ratione personae) but in fact against the United
States of America;
4. In so far as the author complains under article 14
(3) Ф) of an alleged denial of access to counsel and in
sufficient time and facilities to prepare his defence, and
even assuming that the said provision, or article 13, or
any other provision of the Covenant might be аррИсаЫе
to extradition proceedings, this complaint is in any
event partly inadmissible as being out of time (for the
period prior to 19 August 1976) and otherwise for
failure to exhaust domestic remedies, as it has not been
shown that this complaint was ever raised before the
competent Canadian authorities.
The Human Rights Committee therefore decides:
The communication is inadmissible.
22
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