INTRODUCTION
(c)
That the communication is not an abuse
of the right to submit a communication under the
Protocol;
1.
The International Covenant on Civil and
Political Rights and the Optional Protocol
thereto were adopted by the General Assembly
on 16 December 1966 and entered into force
on 23 March 1976.
(d)
That
incompatible
Covenant;
2.
In accordance with article 28 of the
Covenant, the States parties established the
Human Rights Committee on 20 September
1976.
the
with
communication is
the provisions of
not
the
(e)
That the same matter is not being
examined under another procedure of
international investigation or settlement;
3.
Under the Optional Protocol, individuals
who claim that any of their rights set forth in the
Covenant have been violated and who have
exhausted all available domestic remedies
may submit a written communication to the
Human Rights Committee for consideration.
No communication can be received by the
Committee if it concerns a State party to the
Covenant that is not also a party to the
Optional Protocol. As of 31 December 1992, 67
of the 114 States that had acceded to or ratified
the Covenant had accepted the competence of the
Committee to receive and consider individual
complaints by ratifying or acceding to the
Optional Protocol.
(f)
That the individual has exhausted all
available domestic remedies.
5.
Under rule 86 of its rules of procedure,
the Committee may, prior to the forwarding of its
final Views on a communication, inform the
State party of whether “interim measures” of
protection are desirable to avoid irreparable
damage to the victim of the alleged violation.
The request for interim measures, however, does
not imply the determination of the merits of the
communication. The Committee has requested
such interim measures in a number of cases, for
example where the carrying out of a death
sentence or the expulsion or extradition of a
person appeared to be imminent. Pursuant to rule
88(2), the Committee may deal jointly with two
or more communications, if deemed appropriate.
4.
Under the terms of the Optional
Protocol, the Committee may consider a
communication only if certain conditions of
admissibility are satisfied. These conditions are
set out in articles 1, 2, 3 and 5 of the Optional
Protocol and restated in rule 90 of the
Committee’s
rules
of
procedure
(CCPR/C/3/Rev.2), pursuant to which the
Committee shall ascertain:
6.
With respect to the question of burden of
proof, the Committee has established that such
burden cannot rest alone on the author of a
communication, especially in view of the fact
that the author and the State party do not always
have equal access to the evidence and that the
State party frequently has sole possession of the
relevant information. It is implicit in article 4(2)
of the Optional Protocol that the State party has a
duty to investigate in good faith all allegations of
violations of the Covenant made against it and its
authorities.
(a)
That the communication is not
anonymous and that it emanates from an
individual, or individuals, subject to the
jurisdiction of a State party to the Protocol;
(b)
That the individual claims, in a manner
sufficiently substantiated, to be a victim of a
violation by that State party of any of the rights
set forth in the Covenant. Normally, the
communication should be submitted by the
individual himself or by his representative; a
communication submitted on behalf of an alleged
victim may, however, be accepted when it
appears that he is unable to submit the
communication himself;
7.
The Committee started work under the
Optional Protocol at its second session in 1977.
From then until its forty-sixth session in the
autumn of 1992, 524 communications relating to
alleged violations by 66 States parties were
placed before it for consideration. As at the end
of 1992, the status of these communications was
as follows:
1