THIRD SESSION
Communication No. 1/1976
Submitted by: A et al. in August 1976
Alleged victims: A et al.
State party: S
Date of decision on inadmissibility: 26 January 1978 (third session)
Standing of authors to act on behalf of alleged vic
tims—Sufficient link—Actio popularis—Submission
to lACHR—Procedure under Economic and Social
Council resolution 1503 (XLVIII) of 27 May
1970—Submission to UNESCO
procedure—Inad
missibility ratione temporis—Domestic remedies
finds that on the basis of the facts before it the com
munication is inadmissible on this ground in regard to
the violations alleged in respect of the following 11 of
the authors of the communication: A et al.
With regard to the alleged violations in respect of B,
С and D, the State party submits that the Human Rights
Committee cannot consider the communication as these
cases have already been submitted to the InterAmerican Commission on Human Rights. The Human
Rights Committee has ascertained that with regard to В
and С [a] case ... was submitted to the Inter-American
Commission on 8 February 1976, and with regard to D
[two] cases ... were submitted to the Inter-American
Commission on 8 February 1976 and in October 1976
respectively. These cases have been declared admissible
by the Inter-American Commission under the special
procedure governed by articles 53 to 57 of its Regula
tions and the Human Rights Committee understands
that they are still being examined under that procedure.
Since the cases concerning В and С were submitted to
the Inter-American Commission on Human Rights
before 23 March 1976, the date on which the Covenant
and the Optional Protocol entered into force for S, the
Committee concludes that they do not concern the same
matter which the Committee is competent to consider. It
remains for the Human Rights Committee to ascertain
in regard to the cases of D whether they concern the
same matter as that submitted to the Human Rights
Committee.
Articles of Optional Protocol: I, 2 and 5 (2) (a) and (b)
This is a communication submitted by 18 signatories
on behalf of 1,194 alleged victims, including 14 of the
signatories, containing a general description of alleged
violations of the International Covenant on Civil and
Pohtical Rights in S during the past few years, together
with a brief description of the violations in respect of
each of the alleged victims.
The Committee has studied this communication in
order to determine the extent of its admissibility under
the Optional Protocol. In general the Committee
observes that the communication is primarily a com
plaint about the situation in S during the past few years.
The Protocol was not intended to deal with situations as
such, but with individual complaints.
The first question which arises is the standing of the
authors of the communication to act on behalf of those
alleged victims who are not signatories. The authors
have explained that these persons are in S or elsewhere
where they are not "at hberty" to act for themselves.
The Committee notes however that its competence
under the Protocol is to receive communications "from
individuals ... who claim to be victims of a violation".
There are of course circumstances in which one in
dividual must be regarded as having the necessary
standing to act on behalf of another. But with regard to
the present communication the Committee cannot ac
cept on the information before it that there is a suffi
cient link to enable the signatories of the communica
tion to act on behalf of the alleged victims who are not
signatories to the communication. The Protocol grants
to all the individuals concerned the right to submit com
munications, but does not, on the other hand, allow for
an actio popularis.
With regard to the alleged violations in respect of В
and С the State party submits that the Human Rights
Committee cannot consider the communication as these
cases have already been submitted to the United Na
tions. The Committee finds however that the United
Nations has no procedure of international investigation
or settlement, as referred to in article 5 (2) (a) of the
Protocol, relevant to these cases. In particular, the pro
cedure under resolution 1503 (XLVIII) of 27 May 1970,
adopted by the Economic and Social Council of the
United Nations, is concerned with the examination of
situations which reveal " a consistent pattern of gross
and reliably attested violations of human rights and fun
damental freedoms". In the view of the Committee, this
procedure is not concerned with the examination of the
same matter, within the meaning of article 5 (2) (a) of
the Protocol, as a claim by an individual under the Pro
tocol.
Another factor which the Committee must take into
account in considering the admissibility of a com
munication is that, as a rule, the Committee can only
consider an alleged violation of human rights occurring
after the date of the entry into force of the Covenant
and the Protocol for the State party concerned, unless
the alleged violation is one which, although occurring
before that date, continues or has effects which
themselves constitute violations after that date. The
relevant date for S is 23 March 1976. The Committee
With regard to the alleged violation in respect of D,
the State party submits that the Human Rights Commit
tee cannot consider the communciation, as this case has
already been submitted to the United Nations Edu17
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