the right of submission, incompatibility with the
provisions of the Covenant, lack of competence
by the Committee under the Optional Protocol,
non-exhaustion of domestic remedies, preclusion
because of a State party’s reservation, or
simultaneous examination under another
procedure of international investigation or
settlement. From the end of the forty-fifth session
until the end of the period under review, the
Special Rapporteurs transmitted 35 new
communications to the States parties concerned
requesting information or observations relevant
to the question of admissibility.
11.
Volume 3 covers sessions thirty-three to
thirty-nine and contains: four interlocutory
decisions – two decisions requesting interim
measures of protection and two decisions to deal
jointly with communications under rule 88; one
decision in reversal of admissibility; 16 decisions
declaring a communication inadmissible;
and 27 Views adopted during that period.d
12.
The current volume contains 11
decisions
declaring
the
communication
inadmissible, including 1 decision requesting
interim measures of protection under rule 86,
and 22 Views under article 5(4) of the Optional
Protocol.
16.
Another mechanism, the office of
Special Rapporteur for Follow-up of Views
established at the Committee’s thirty-ninth
session in July 1990 on the basis of the legal
principle of “implied powers” recognized by the
International Court of Justice in its Advisory
Opinion in the Case of Certain Expenses
(ICJ Reports, 1962), acquired greater visibility.
In view of the general lack of knowledge
regarding State compliance with the Committee’s
Views, the Special Rapporteur attempted to enter
into dialogue with the State party on measures
taken. In addition, in a number of Views
contained in the current volume, the Committee
requested the State party explicitly to report back
within 90 days on progress made in this regard.
Since it began to discuss follow-up matters in
1990, the Committee has considered follow-up
information on a confidential basis from its fortyfirst session onwards, hence at all the sessions
contained in this volume.
13.
In the case of decisions relating to
communications declared inadmissible or on
which action has been discontinued, the names of
the author(s) and of the alleged victim(s) are
replaced by letters or initials. In the case of
interlocutory decisions, including decisions
declaring a communication admissible, the
names of the author(s), the alleged victim(s) and
the State party concerned may also be deleted.
14.
Communications under the Optional
Protocol
are
numbered
consecutively,
indicating the year of registration (e.g.
No. 1/1976, No. 415/1990).
15.
During the period under review, there
was an enormous increase in the Committee’s
caseload. The office of Special Rapporteur on
New Communications, which had been
established at the thirty-fifth session in 1989
under rule 91 of the Committee’s rules of
procedure, was amended at the forty-second
session in July 1991 to cope with the new
circumstances. Under the revised mandate, the
Special Rapporteur was enabled to issue requests
for interim protection under rule 86 (important in
view of the steady increase in communications
during the period under review from Jamaican
nationals on death row) and could henceforth
recommend that communications be declared
inadmissible. In particular, the Special
Rapporteur could recommend inadmissibility
ratione materiae, personae or temporis, notably,
but not exclusively, on grounds of an author’s
lack of standing to submit a communication,
insufficient substantiation of allegations, abuse of
17.
The new format of decisions on
admissibility and Views adopted at its thirtyseventh session in 1989, which was designed to
achieve greater precision and brevity, continued
to be followed during the period under review.
18.
An important development in terms of
jurisprudence was the steady increase in the
number of individual opinions appended by
members of the Committee to decisions on
admissibility (rule 92(3) of the rules of
procedure) or Views (rule 94(3)). It is
particularly noteworthy that some members
appended a joint individual opinion, whether
concurring or dissenting. In the present volume
six opinions were written at the stage of
admissibility and nineteen individual opinions
were appended to the Views, including three
times a joint individual opinion of four members.
d
International Covenant on Civil and Political
Rights, Selected Decisions under the Optional
Protocol (Thirty-third to thirty ninth sessions),
New York and Geneva, 2002 (CCPR/C/OP/3).
3