ter the situation is also covered by article 12 of the
Universal Declaration of Human Rights, whose wor
ding corresponds fully with that of article 17."
5.7
The author concludes:
My point is obvious: are complaints received from the "town
crank" taken as seriously as those from respected citizens in
Enebakk? ... It should obviously make no difference who reports
criminal actions that are taking place in the town to the Enebakk
Sheriff's Office. I have in no way remained passive and the means for
complaint available to an old man have been exhausted without being
heard by the authorities. The distance from the Sheriff's Office, the
size of his district, the size of the population and his workload are ir
relevant considerations here. The only determining factors are that the
prosecuting authorities have not fully realized in this situation that
their duty is to maintain law and order so that older people in par
ticular are protected from hooliganism by children and youths.
5.3 He further claims that the right to self-defence
has been acknowledged by the Norwegian courts in
many cases similar to his own.
5.4 With regard to the specific incidents referred to
in his communication and commented upon by the State
party, the author states that he personally had informed
automobile owners who parked illegally in front of his
property "of that rather undesirable effect". He con
tinues that:
6.1 The issue to be resolved by the Committee in the
last resort relates to whether or not domestic remedies
have been exhausted by the author of the communica
tion.
Those who eventually claimed otherwise were quite familiar with
the situation from hearing others say that the best way to tease 'the
smith' was to ignore him completely and simply continue parking
there. The way those cars were parked meant that my only access to
my property was completely blocked each day. In wintertime, with
high snow drifts, the situation was so bad that I was forced to go out
via highway 120 behind my smithy and wade in through 1-metre-high
snow in order to get back to my house. When, after a year it was im
possible to get the authorities (sheriff) and the offenders to under
stand my hopeless situation and I was met with honking automobile
horns and derisive laughter, an old 75-year-old man had no other
possibility available than to take matters into his own hands on the
basis of the right of retaliation under criminal law (see Criminal Code,
paragraphs 228 and 250).
6.2 It is not clear whether there were any remedies
such as an action for trespass which the author of the
communication might have been able to pursue in a
court of law. However, the Committee concludes, on
the basis of the information available to it, that the
author has failed to pursue remedies which the State
party has submitted were available to him, namely, to
pursue the matter before the appropriate higher police
authorities, the Crown Prosecutor and, in the last in
stance, the Attorney-General. The author appears to in
timate that further efforts by him to exhaust available
remedies might not have been taken "seriously" by the
authorities. His doubts about the effectiveness of these
remedies do not, however, absolve him from exhausting
them, as required by article 5 (2) (6) of the Optional
Protocol.
5.5 The author further rejects as untrue the State
party's assertion that, apart from the incidents men
tioned in the communication, he has never informed the
sheriff's office of alleged trouble on his property.
5.6 He also refers to his defence counsel's statement
made in the latest criminal case against him that "the
sheriff's employees had themselves said that they had
heard that 'S. the smith' was a 'special person' as soon
as they came to the town, that is to say a man who was
not entirely normal".
The Human Rights Committee therefore decides:
1. The communication is inadmissible;
2. This decision shall be communicated to the
author and to the State party.
SIXTEENTH SESSION
Communication No. 121/1982
Submitted by: A. M. on 9 March 1982
Alleged victim: The author
State party: Denmark
Date of decision on inadmissibility: 23 July 1982 (sixteenth session)
State party's reservation to article 5 (2) (a) of Optional
Protocol—Case already considered under other pro
cedure of international
investigation—European
Commission of Human Rights
national at present serving a prison term in Denmark.
He submits the communication on his own behalf.
2.1 The author states that he has been residing in
Denmark since 1970, that in 1977 he married in
Pakistan a citizen of that country, that his wife has since
then lived with him in Denmark and that they have two
children. He describes the facts of the case as follows:
Decision on admissibility^
1. The author of the communication (initial letter
dated 9 March 1982 and further letters dated 20 April
and 9, 29 and 30 June 1982) is a 39-year-old Pakistani
2.2 On 31 July 1980, he was involved in a violent
fight in Odense, Denmark, with several other men from
Pakistan, Morocco and Algeria. At least four people
were severely injured and one of them died. The author
' The text of an individual opinion submitted by a Committee
member is appended to the present decision.
32
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents