SIXTH SESSION
Communication No. 15/1977
Submitted by: D. B. on 8 August 1977
Alleged victim: The author
State party: Canada
Date of decision on inadmissibility: 24 April 1979 (sixth session)
entire judicial system of Canada is corrupt and that the
judges, the members of the legal profession and the
municipal authorities of Montreal have consistently
flouted his rights under the law, in violation of several
articles of the Covenant.
Unsubstantiated allegations
The communication, comprising the initial letter
dated 8 August 1977 and subsequent letters dated 21
March and 25 December 1978, is submitted by D. В., a
Canadian citizen who appears also to hold British and
French nationality. From the material submitted by the
author, it appears that he had, prior to the entry into
force of the International Covenant on Civil and
Political Rights for Canada, accumulated a number of
fines, imposed for breaches of parking regulations,
which he refused to pay. As a consequence, it appears,
the author was repeatedly arrested, from 1975 to 1977,
under warrants of arrest issued by the Municipal Court
of Montreal, which meted out several sentences of pay
ment of fines or imprisonment in lieu of payment of
fines or for contempt of court. It further appears from
the material submitted by the author that he has also
been sentenced to imprisonment for refusal to pay
ahmony to his ex-wife.
Before considering a communication on the merits,
the Committee must ascertain whether it fulfils the basic
conditions relating to its admissibility under the Op
tional Protocol. In this connection, the Committee has
endeavoured to elicit from the author clarifications
regarding questions of admissibiHty of the communica
tion and the facts complained of.
A thorough examination by the Committee of all the
material submitted by the author, including his last sub
mission, dated 25 December 1978, in response to the
Committee's request for clarifications, has not revealed
any precise allegations of fact in substantiation of the
claim that he is a victim of violations by the State party
of any of the rights set forth in the Covenant.
The Human Rights Committee therefore decides:
The communication is inadmissible.
The author claims that the Municipal Court of Mon
treal did not have competence to act in his case, that the
Communication No. 20/1977
Submitted by: M. A. in December 1977
Alleged victim: Author's husband
State party: S
Date of decision on inadmissibility: 24 April 1979 (sixth session)
Same matter under examination by
failure to respond to Committee
lACHR—Author's
acknowledged that she has submitted her husband's
case to the Inter-American Commission on Human
Rights.
Article of Optional Protocol: 5 (2) (a)
The author of the communication states that her hus
band was arrested in S in September 1977, where he has
allegedly been detained incommunicado, in spite of
several attempts to remedy the situation, including the
recourse of habeas corpus. The author claims that her
husband is a victim of the prevailing situation in S,
which allegedly reveals total disregard for the rights of
persons arrested for political reasons. In this connec
tion, the author lists several articles of the International
Covenant on Civil and Political Rights which have
allegedly been violated in respect of her husband.
The author was informed, in accordance with the
Committee's decision of 26 July 1978, that the Human
Rights Committee is precluded, under article 5 (2) {a) of
the Optional Protocol, from considering a communica
tion if the same matter is being examined by the InterAmerican Commission on Human Rights. No response
has been received from the author to the Committee's
request that she clarify whether it is her intention to
withdraw [the] case ... from the Inter-American Com
mission on Human Rights.
On the basis of the information before it, the Com
mittee concludes that the same matter is under examina
tion by the Inter-American Commission on Human
Rights and that, therefore, the communication is inad
missible pursuant to rule 90 of the Committee's provi
sional rules of procedure.
In its observations concerning the admissibility of the
communication the State party observes, inter alia, that
the alleged victim is a "wanted person", who has been
sought by the S authorities since 18 January 1975, and
further, that the same matter has been submitted to the
Inter-American Commission on Human Rights. ... In
this connection the author of the communication has
The Human Rights Committee therefore decides:
The communication is inadmissible.
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