CCPR/C/120/D/2941/2017
4.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
4.3 The Committee considers that the author’s claims under articles 2, 3, 5, 9 (1) and (3),
14 (1), (2), (3) (b), (d), (e) and (g) and (5), 16 and 26 of the Covenant relate in substance to
the evaluation of facts and evidence in the course of proceedings before the State party’s
courts. The Committee recalls that “it is generally for the courts of States parties to the
Covenant to review facts and evidence, or the application of domestic legislation, in a
particular case, unless it can be shown that such evaluation or application was clearly
arbitrary or amounted to a manifest error or denial of justice, or that the court otherwise
violated its obligation of independence and impartiality”.1 The Committee observes that the
author has failed to provide any evidence to demonstrate that the conduct of the judicial
proceedings in his case suffered from such deficiencies. Accordingly, the Committee
considers that the author’s claims under articles 2, 3, 5, 9 (1) and (3), 14 (1), (2), (3) (b), (d),
(e) and (g) and (5), 16 and 26 are inadmissible under article 2 of the Optional Protocol.
4.4
The Committee notes the author’s claims that his rights under articles 3, 5, 16 and
26 have been violated since the police refused to provide him with protection from the
domestic violence allegedly carried out by his ex-wife. However, the Committee considers
that the author failed to sufficiently substantiate his claims in that regard for the purpose of
admissibility. Accordingly, it declares the author’s claims under articles 3, 5, 16 and 26
inadmissible pursuant to article 2 of the Optional Protocol.
4.5
Regarding the author’s claims under articles 7, 17 and 19 of the Covenant, the
Committee notes the author’s submission that the fact that he did not get the Working with
Children Assessment Notice and Driver Accreditation for seven years has caused him
mental suffering and a huge financial loss. The Committee also notes the author’s claim
that the police threat to use physical force against him to carry out a false and fraudulent
DNA court order would, if implemented, violate article 7 of the Covenant. Nevertheless,
the Committee notes that the author has failed to demonstrate that he has exhausted all
available domestic remedies with regard to these allegations. The Committee therefore
concludes that the author’s claims under articles 7, 17 and 19 of the Covenant are
inadmissible under article 5 (2) (b) of the Optional Protocol.
5.
The Committee therefore decides:
(a)
That the communication is inadmissible under articles 2 and 5 (2) (b) of the
Optional Protocol;
(b)
That the present decision shall be transmitted to the State party and to the
author.
1
4
See the Committee’s general comment No. 32 (2007) on the right to equality before courts and
tribunals and to a fair trial.