he did not suffer any punishment as the result of his earlier conviction of 24 December 1985, the author’s claim is outside the scope of article 14, paragraph 6, of the Covenant. (a) A final conviction for a criminal offence; (b) Suffering of punishment consequence of such conviction: and as a 7. The Human Rights Committee therefore decides: (c) A subsequent reversal or pardon on the ground of a new or newly discovered fact showing conclusively that there has been a miscarriage of justice; (a) That the communication is inadmissible under article 3 of the Optional Protocol; (b) That this decision shall be transmitted to the State party, to the author and to his counsel. The Committee observes that since the final decision in this case, that of the Court of Appeal of 11 May 1988, acquitted the author, and since _______________ Communication No. 409/1990 Submitted by: E. M. E. H. (name deleted) Date of communication: 19 December 1989 Alleged victim: The author State party: France Declared inadmissible: 2 November 1990 (fortieth session) Algerian SNCFA the pension he was entitled to, until 1983, when he moved to France. By letter of 4 February 1984 from the SNCFA Pension fund in Algiers, he was informed that, pursuant to Article 53, Title V of Law No. 83-12 of 2 July 1983, the payment was suspended on the ground that pensions are not paid outside the national territory of Algeria. Subject matter: Suspension of payment of pension outside the territory of employment Procedural issues: State party to the Optional Protocol—Inadmissibility ratione materiae Substantive issues: Equal protection of the law—Equality before the law Article of the Covenant: 26 2.2 The author contends that his situation is similar to that in Communication No. 196/1985 (I. Gueye and 742 retired Senegalese Soldiers of the French Army v. France), in which the Human Rights Committee had found, in its views adopted on 3 April 1989, a violation of article 26, because retired Senegalese soldiers who had served in the French army prior to Senegal’s independence received lower pensions than other retired soldiers of French nationality. Articles of the Optional Protocol: 1 and 3 1. The author of the communication dated 19 December 1989 is E. H. E. H., a French citizen of Moroccan origin, aged 72. He claims to be the victim of a violation by France of article 26 of the International Covenant on Civil and Political Rights. The Optional Protocol entered into force for France on 17 Hay 1984 and for Algeria on 12 December 1989. 2.3 The author points out that he served for thirty-two years in two countries, one which had been part of France until 1962 (Algeria) and the other which had been a protectorate until 1956. The facts as submitted by the author 2.1 From 1941 to 1963, the author was a full time employee the Chemins de Fer Marocains (C. F. M.). In 1963 he was transferred to the Société Nationale des Chemins de Fer Algériens (SNCFA). He served as station manager (“Chef de gare lère classe au 9ème echelon”) until 1972. In 1973, he retired and received from the 2.4 With respect to the exhaustion of domestic remedies, the author states that he wrote, inter alia, to the Board of the French National Railways, the French Minister of Transports, the Minister of Foreign Affairs, the Prime Minister and the President of the Republic 29