CCPR/C/126/D/2989/2017
“rights and obligations in a suit at law” 8 in the meaning of article 14 of the Covenant. While
article 14 (1), does not as such give persons subject to extradition access to a court or
tribunal,9 nevertheless, whenever domestic law entrusts a judicial body with a judicial task,
the first sentence of article 14 (1) guarantees in general terms the right to equality before
courts and tribunals and thus the principles of impartiality, fairness and equality, as
enshrined in that provision, must be respected.10
11.11 In the present case, the Committee notes that the author has not alleged lack of
impartiality, fairness or equality of the domestic courts but that his claims stem from mere
disagreement with the outcome of the proceedings. The Committee thus finds the author’s
claims under articles 2 (3) (1) and 14 (1) of the Covenant insufficiently substantiated and
inadmissible under article 2 of the Optional Protocol.
11.12 The Committee takes notes of the author’s claims under articles 17, 14 (1) (related to
lack of a fair trial in Belarus) and 25 (b) of the Covenant. The Committee considers that
these claims are insufficiently substantiated and inadmissible under article 2 of the Optional
Protocol.
12.
In light of the above considerations, the Committee concludes that the present
communication is inadmissible under article 2 of the Optional Protocol.
13.
The Committee therefore decides:
(a)
Protocol;
(b)
8
9
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That the communication is inadmissible under article 2 of the Optional
That this decision shall be communicated to the author and to the State party.
See, mutatis mutandis, P.K. v. Canada (CCPR/C/89/D/1234/2003), para. 7.5.
See Human Rights Committee, general comment No. 32 (2007) on the right to equality before courts
and tribunals and to a fair trial, para. 17. See also Zundel v. Canada (CCPR/C/89/D/1341/2005), para.
6.8, and Esposito v. Spain (CCPR/C/89/D/1359/2005), para. 7.6.
See general comment No. 32, para. 7. See also Everett v. Spain, para. 6.4 and Griffiths v. Australia
(CCPR/C/112/D/1973/2010), para. 6.5.
9