4. The author of the communication claims that
there have been breaches of articles 15 (1), 9 (1), (4) and
(5) and 11 of the Covenant.
(a) Concerning the alleged breach of article 15 (1)
tended to provide for the rehabilitation of the convicted
person, in his own interest. The fact that, even in the
event of remission of the sentence being earned, the per
son concerned remains subject to supervision after his
release and does not regain his unconditional freedom,
cannot therefore be characterized as the imposition or
re-imposition of a penalty incompatible with the
guarantees laid down in article 15 (1) of the Covenant.
(b) Concerning the alleged violation of article 9 (1),
(4) and (5)
5.1 The author's principal complaint is against the
introduction by the Parole Act 1970, in August 1970,
after the commission of the punishable acts for which he
was convicted, of a system of mandatory supervision
for all prisoners benefiting from remission of sentence.
However, the Committee is of the view that no action
taken before the entry into force of the Covenant for the
State party concerned can, as such, be judged in the
light of the obligations deriving from the Covenant.
Moreover, individuals may not criticize national laws in
the abstract, since the Optional Protocol gives them the
right to bring the matter before the Committee only
where they claim to be victims of a violation of the
Covenant.
6. The provisions of Canadian law under which a
convicted person remains legally subject to deprivation
of freedom until the expiry of the sentence, notwith
standing the remission he may have earned, do not in
any way affect the guarantees against arbitrary arrest or
detention set out in article 9 of the Covenant.
(c) Concerning the alleged breach of article 11
7. The argument that the legislation in force is con
trary to article 11 of the Covenant is clearly groundless.
The choice offered to a prisoner to accept release under
the system of mandatory supervision or to continue to
serve his sentence, does not result in a contractual
obligation if the person concerned chooses release and
signs the mandatory supervision certificate. It follows
from the law itself that remission may be revoked if fur
ther offences are committed during the period of super
vision.
5.2 With regard to the actual implementation of the
mandatory supervision, which might give the author
cause for complaint, the Committee notes that the
author has not yet served the two thirds of his sentence
for which he is not entitled to remission and that in ad
dition his release, due on 8 September 1982, depends on
his good conduct up to that date. The mandatory super
vision system is therefore not yet applicable to him. The
possibility of the remission he has earned being can
celled after his release is still more hypothetical. In
the present situation, therefore, he has no actual
grievance such as is required for the admissibility of a
communication by an individual under articles 1 and 2
of the Optional Protocol.
8. In the light of the above, the Human Rights
Committee considers that the claims of the author do
not raise issues under any of the provisions of the Cov
enant. The Committee therefore concludes that the
communication is incompatible with the provisions of
the Covenant and, in accordance with article 3 of the
Optional Protocol, decides:
The communication is inadmissible.
5.3 The Committee notes also that mandatory
supervision cannot be considered as equivalent to a
penalty, but is rather a measure of social assistance in
FIFTEENTH SESSION
Communication No. 79/1980
Submitted by: S. S. on 5 September 1980
Alleged victim: The author
State party: Norway
Date of decision on inadmissibility: 2 April 1982 (fifteenth session)
Interference with privacy and home—Protection
the law against interferences—Non-exhaustion
domestic remedies.
2.1 The author complains that for over 20 years he
has been the victim of relentless attacks upon his privacy
by boys and youths in the town where he lives and that
his repeated requests for protection and proper in
vestigation have gone unheeded by the police. AH win
dows on the ground floor and first floor of his house
had been broken and he had given up on having them
repaired and moved instead down to the basement,
where he slept in a windowless room. Cars were fre
quently parked in front of his house illegally in such a
manner that he had difficulties entering and leaving his
house. In anguish and desperation the author had on a
of
of
Articles of Covenant: 2 and 17
Article of Optional Protocol: 5 (2) (b)
1. The author of the communication (initial letter
dated 5 September 1980 and further submission dated
16 November 1981) is a 77-year-old Norwegian na
tional, Hving in Norway. He submits the communica
tion on his own behalf.
30
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