INTRODUCTION
1. The International Covenant on Civil and
Political Rights and the Optional Protocol thereto were
adopted by the General Assembly on 16 December 1966
and entered into force on 23 March 1976.
2. In accordance with article 28 of the Covenant,
the States parties established the Human Rights Com
mittee on 20 September 1976.
3. Under the Optional Protocol, individuals who
claim that any of their rights set forth in the Covenant
have been violated and who have exhausted all available
domestic remedies may submit written communications
to the Human Rights Committee for consideration. Of
the 80 States which have acceded to or ratified the
Covenant 34 have accepted the competence of the Com
mittee to receive and consider individual complaints by
ratifying or acceding to the Optional Protocol.* These
States are Barbados, Bolivia, Cameroon, Canada, the
Central African Republic, Colombia, Congo, Costa
Rica, Denmark, the Dominican Republic, Ecuador,
Finland, France, Iceland, Italy, Jamaica, Luxembourg,
Madagascar, Mauritius, the Netherlands, Nicaragua,
Norway, Panama, Peru, Portugal, Saint Vincent and
the Grenadines, Senegal, Suriname, Sweden, Trinidad
and Tobago, Uruguay, Venezuela, Zaire and Zambia.
No communication can be received by the Committee if
it concerns a State party to the Covenant which is not
also a party to the Optional Protocol.
4. Under the terms of the Optional Protocol, the
Committee may consider a communication only if cer
tain conditions of admissibility are satisfied. These con
ditions are set out in articles 1, 2, 3 a n d 5 of the Op
tional Protocol and restated in rule 90 of the Commit
tee's provisional rules of procedure, pursuant to which
the Committee shall ascertain:
(a) That the communication is not anonymous and
that it emanates from an individual, or individuals, sub
ject to the jurisdiction of a State party to the Protocol;
(b) That the individual claims to be a victim of a
violation by that State party of any of the rights set
forth in the Covenant. Normally, the communication
should be submitted by the individual himself or by his
representative; the Committee may, however, accept to
consider a communication submitted on behalf of an
alleged victim when it appears that he is unable to sub
mit the communication himself;
(c) That the communication is not an abuse of the
right to submit a communication under the Protocol;
(d) That the communication is not incompatible with
the provisions of the Covenant;
• A s at 31 December 1984.
(e) That the same matter is not being examined under
another procedure of international investigation or
settlement;
(f) That the individual has exhausted all available
domestic remedies.
5. From the time when the Committee started its
work under the Optional Protocol at its second session
in 1977 to its sixteenth session in 1982, inclusive, 124
communications relating to alleged violations by 13
States parties were placed before it for consideration.
During that period 249 formal decisions were adopted,
as follows:
(a) Decisions at pre-admissibility stages (mainly
under rule 91 of the Committee's provisional rules of
procedure, requesting additional information or obser
vations on questions relating to admissibility): 112;
(b) Decisions declaring a communication inadmiss
ible, discontinued or suspended (relating to 39 com
munications): 36;
(c) Decisions declaring a communication admiss
ible: 54;
(d) Further interlocutory decisions after a com
munication has been declared admissible (requesting ad
ditional information or explanations from the parties):
16;
(e) Views under article 5 (4): 31.
6. Although article 5 (3) of the Optional Protocol
provides that "the Committee shall hold closed
meetings when examining communications under the
present Protocol", the Committee decided at its seventh
session that the terms of the Protocol did not preclude
publication of its "views" adopted after consideration
of a communication, that publication was desirable in
the interest of the most effective exercise of the Com
mittee's functions under the Protocol, and that publica
tion in full was preferable to publication of a summary
only. In the annual reports of the Human Rights Com
mittee, beginning with the 1979 report and up to the
1982 report, 31 final views, one decision on inadmissi
bility and one decision to discontinue consideration
have been pubhshed in full.'
7. At its fifteenth session the Committee decided, in
addition, to proceed with the periodical publication of a
selection of its decisions under the Optional Protocol in
a suitably edited form. The present volume covers deci
sions taken from the second to the sixteenth sessions, in
clusive. It contains all "views" adopted under article
' See Official Records of the General Assembly,
Thirty-fourth
Ses
sion, Supplement No. 4 0 ( 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 ) .