munication alleges that before conviction Mr. Pinkney
was housed in the same wing of the Lower Mainland
Regional Correction Centre as convicted persons and
that his mail had been interfered with, these allegations
were not brought to the attention of the appropriate
authority, namely the Corrections Branch of the British
Columbia Ministry of the Attorney-General, in writing
by or on behalf of Mr. Pinkney (though he made other
complaints and therefore was aware of the procedure)
until the Branch became aware of his letter to the
Human Rights Committee on 7 April 1978. The State
party therefore submits that Mr. Pinkney failed in this
respect to exhaust all available domestic remedies,
before submitting his claims to the Committee.
Mr. Pinkney, however, has pointed out that he was in
formed that an investigation had been made into his
complaints by the Attorney-General's Office and that
his charges were unsubstantiated.
The Human Rights Committee therefore decides:
1. That the communication is admissible in so far as
it relates to Mr. Pinkney's trial and conviction on the
charge of extortion;
2. That the communication is inadmissible in so far
as it relates to the deportation proceedings and the
deportation order issued against Mr. Pinkney;
3. That the communication is admissible in so far as
it relates to Mr. Pinkney's treatment at the Lower
Mainland Regional Correction Centre on or after 19
August 1976;
4. That, in accordance with 4 (2) of the Optional
Protocol, the State party shall be requested to submit to
the Committee, within six months of the date of the
transmittal to it of this decision, written explanations or
statements clarifying the matters referred to in (a) and
(c) above and the remedies, if any, that may have been
taken by it. The State party is requested in this connec
tion to include details of any investigations which the
Canadian authorities have made into the matters com
plained of by Mr. Pinkney;
19. The Human Rights Committee does not accept
the State party's argument that the author's complaint
concerning alleged racial insults should be declared in
admissible as an abuse of the right of submission.
Moreover, his complaints now appear to have been in
vestigated by the appropriate authorities and dismissed,
and consequently it cannot be argued that domestic
remedies have not been exhausted.
5. That any explanations or statements received
from the State party shall be communicated by the
Secretary-General to the author of the communication,
under rule 93 (3) of the provisional rules of procedure
of the Committee, with the request that any comments
which the author may wish to submit thereon should
reach the Human Rights Committee, in care of the Div
ision of Human Rights, United Nations Office at
Geneva, within six weeks of the date of the transmittal;
20. The Committee therefore finds that it is not
barred, on any of the grounds set out in the Optional
Protocol, from considering these complaints on the
merits, in so far as they relate to events taking place on
or after 19 August 1976 (the date on which the Covenant
and the Optional Protocol entered into force for
Canada).
6. That this decision be communicated to the State
party and the author of the communication.
15
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