CCPR/C/113/DR/2176/2012
the domestic authorities. The State party therefore considers that the communication is
inadmissible.
Author’s comments on the State party’s submission
5.1
In his comments on admissibility dated 5 December 2013, the author stated that the
proliferation of ethical rules and their random application through arbitrary decisions are
counterproductive because for every rule that exists there is another that contradicts it. He
asserts that he was disbarred merely for asking clients to pay his fees, something which
lawyers do on a regular basis, and that a dispute regarding the payment of fees is a civil
matter that does not come within the jurisdiction of the Bar’s Disciplinary Board. He points
out that his disbarment was decided on the basis of the version of the code of ethics that
was in force at the time, but which has subsequently been abolished, since it was considered
outdated and too discretionary.
5.2
The author considers that his disbarment is a disproportionate penalty and he
reaffirms that he has not been convicted in criminal proceedings and that his presumption
of innocence has not been respected.
5.3
The author reiterates the various allegations made in his initial submission.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
The Human Rights Committee must decide, in accordance with rule 93 of its rules of
procedure, whether the communication is admissible under the Optional Protocol to the
Covenant.
6.2
As required under article 5, paragraph 2 (a), of the Optional Protocol, the Committee
has ascertained that the same matter is not being examined under another procedure of
international investigation or settlement.
6.3
The Committee notes that the author has unsuccessfully challenged his disbarment
before the competent professional and judicial authorities. The Committee therefore
concludes that article 5, paragraph 2 (b), of the Optional Protocol is not an obstacle to the
admissibility of the communication.
6.4
The Committee notes that the State party has challenged the admissibility of the
communication on the ground that the author has not sufficiently substantiated his claims
for the purposes of admissibility. In the light of all the information made available to it by
the parties, the Committee observes that the author merely makes assertions without
providing an explanation as to the link between the events described and his rights under
articles 7, 12, 15, 17, 18, 19 and 22 of the Covenant and any violations thereof. In respect
of the allegations of breaches of article 14, paragraph 1, of the Covenant, the Committee
observes that, according to its jurisprudence, it is generally for the courts of States parties to
the Covenant to evaluate facts and evidence in a particular case, unless it can be ascertained
that such evaluation was manifestly arbitrary or amounted to a denial of justice. 11 In the
present case, the author’s submissions regarding the principle of equality of arms before the
Disciplinary Board of the Brussels Bar were very carefully considered by the Court of
Cassation before it reached its decision on the proportionality of the penalty in the light of
the seriousness of the charges against the author and there is no element which would allow
11
GE.15-08734
See, for example, communication No. 1329/2004 and 1330/2004, Pérez Munuera and Hernández
Mateo v. Spain, inadmissibility decision adopted on 25 July 2005, para. 6.4; and communication No.
1540/2007, Nakrash and Liu v. Sweden, inadmissibility decision adopted on 30 October 2008, para.
7.3.
7