removal from Ecuadorian jurisdiction suffered
from irregularities.
Issues and proceedings before the Committee
5.1
On 18 October 1990, the Committee
declared
the
communication
admissible
inasmuch as it appeared to raise issues under
articles 7, 9 and 13, in conjunction with article 2,
of the Covenant. With respect to the requirement
of exhaustion of domestic remedies, the
Committee found that, on the basis of the
information before it, there were no domestic
remedies that the author could have pursued. The
Committee further observed. that several of the
author’s allegations appeared to be directed
against the authorities of the United States, and
deemed the relevant parts of the communication
inadmissible, since the United States had not
ratified, or acceded to, the Covenant or the
Optional Protocol. Inasmuch as the author’s
claim under article 17 of the Covenant was
concerned, the
Committee
found
that
Mr. Canón Garcia had failed to sufficiently
substantiate, for purposes of admissibility, his
allegation.
6.1
The Human Rights Committee, acting
under article 5, paragraph 4, of the Optional
Protocol to the International Covenant on Civil
and Political Rights, finds that the facts before it
reveal violations of articles 7, 9 and 13 of the
Covenant.
6.2
In accordance with the provisions of
article 2 of the Covenant, the State party is under
an obligation to take measures to remedy the
violations suffered by Mr. Canón García. In this
connection, the Committee has taken note of the
State party’s assurance that it is investigating the
author’s claims and the circumstances leading to
his expulsion from Ecuador, with a view to
prosecuting those held responsible for the
violations of his rights.
7.
The Committee would appreciate
receiving from the State party, within ninety days
of the transmittal to it of this decision, all
pertinent information on the results of all its
investigations, as well as on measures taken to
remedy the situation, and in order to prevent the
repetition of such events in the future.
5.2
As to the merits, the Human Rights
Committee notes that the State party does not
seek to refute the author’s allegations, in so far as
they relate to articles 7, 9 and 13 of the
Covenant, and that it concedes that the author’s
_______________
Communication No. 327/1988
Submitted by: Hervé Barzhig
Date of communication: 9 September 1988
Alleged victim: The author
State party: France
Date of adoption of Views: 11 April 1991 (forty-first session)
Subject matter: Use of Breton language in court
proceedings
Procedural
remedies*
Substantive issues: Effective remedy—Equality
before the courts and tribunals—Right to free
assistance of an interpreter—Right to freedom of
expression—Discrimination on the ground of
language—Right to use one’s own language
1.
The author of the communication (initial
submission of 9 September 1988 and subsequent
correspondence) is Hervé Barzhig, a French
citizen born in 1961 and a resident of Rennes,
Bretagne, France. He claims to be the victim
of a violation by France of articles 2, 14, 19,
26 and 27 of the International Covenant on Civil
and Political Rights.
Articles of the Covenant: 2(1), 14(1) and (3)(f),
19(2), 26 and 27
issue:
Exhaustion
of
domestic
Article of the Optional Protocol: 5(2)(b)
*
See in this connection also the Committee’s Views in
communications Nos. 221/1987 and 323/1988 above.
92
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