8.
In its first twenty-five years, the Committee
received many more than the 1069 registered
communications mentioned above. The Secretariat
regularly receives inquiries from individuals who
intend to submit a communication to the Committee.
Such inquiries are not immediately registered as
cases. In fact, the number of authors who eventually
submit cases for consideration by the Committee
under the Optional Protocol is relatively small,
partly because the authors discover that their cases
do not satisfy certain basic criteria of admissibility,
such as the required exhaustion of domestic
remedies, and partly because they realize that a
reservation or a declaration by the State party
concerned may operate to preclude the Committee’s
competence to consider the case. These observations
notwithstanding, the number of communications
placed before the Committee is increasing steadily,
and the Committee’s work is becoming better known
to lawyers, researchers and the general public. The
purpose of the Selected Decisions series is to
contribute to the dissemination of its work.
nature. Volume 1 of this series, covering decisions
taken from the second to the sixteenth session
inclusive, was published in 1985 in English.2
Volume 2 covers decisions taken from the
seventeenth to the thirty-second session and includes
all decisions declaring communications admissible,
two interim decisions requesting additional
information from the author and State party, and two
decisions under rule 86 of the Committee’s rules of
procedure, requesting interim measures of
protection.3 Volume 3 contains a selection of
decisions adopted from the thirty-third to thirty-ninth
sessions, Volume 4 a selection of decisions adopted
from the fortieth to the forty-sixth sessions,
Volume 5 covers sessions forty-seven to fifty-five,
and Volume 6 covers sessions fifty-six to sixty-five.
11. During the period covered by the present
volume, here has been once again a significant
increase in the number of communications submitted
to the Committee. The Special Rapporteur for New
Communications of the Committee, whose mandate
had been amended in 1991 to cope with the
increasing caseload, has continued to further review
and finetune his working methods. During the period
covered by the present volume, the Special
Rapporteur requested interim measures of protection
in cases.
9.
The first step towards wider dissemination of
the Committee’s work was the decision taken during
the seventh session to publish its Views: publication
was desirable in the interests of the most effective
exercise of the Committee’s functions under the
Protocol, and publication in full was preferable to
the publication of brief summaries. From the Annual
Report of the Human Rights Committee in 1979 up
to the 1993 report incorporating the forty-sixth
session, all the Committee’s Views and a selection
of its decisions declaring communications
inadmissible, decisions in reversal of admissibility
and decisions to discontinue consideration were
published in full.1
12. The Special Rapporteur on Follow-Up on
Views also continued to review his working methods
during the period covered by the present volume.
In 1997, his mandate was formally reviewed, and
changes to the mandate incorporated into the
Committee’s rules of proecedure. Under the revised
follow-up procedure, the Committee in principle no
longer considers follow-up information on a
confidential basis but in public session.
10. At its fifteenth session, the Committee
decided to proceed with a separate project, the
periodical publication of a selection of its decisions
under the Optional Protocol, including certain
important decisions declaring communications
admissible and other decisions of an interlocutory
2
Human Rights Committee, Selected Decisions under
the Optional Protocol (Second to sixteenth sessions), New
York,
1985
(United
Nations
publication,
Sales No. E.84.XIV.2), hereinafter referred to as Selected
Decisions, vol.1. French and Spanish versions were
published in June 1988 (CCPR/C/OP/1).
1
See Official Records of the General Assembly, Thirtyfourth Session, Supplement No. 40 (A/34/40); Thirty-fifth
Session, Supplement No. 40 (A/35/40); Thirty-sixth
Session, Supplement No. 40 (A/36/40); Thirty-seventh
Session, Supplement No. 40 (A/37/40); Thirty-eighth
Session, Supplement No. 40 (A/38/40); Thirty-ninth
Session, Supplement No. 40 (A/39/40); Fortieth Session,
Supplement No. 40 (A/40/40); Forty-first Session,
Supplement No. 40 (A/41/40); Forty-second Session,
Supplement No. 40 (A/42/40); Forty-third Session,
Supplement No. 40 (A/43/40); Forty-fourth Session,
Supplement No. 40 (A/44/40); Forty-fifth Session,
Supplement No. 40 (A/45/40); Forty-sixth Session,
Supplement No. 40 (A/46/40); Forty-seventh Session,
Supplement No. 40 (A/47/40); Forty-eighth Session,
Supplement No. 40 (A/48/40).
For an introduction to the Committee’s jurisprudence
from the second to the twenty-eighth sessions, see A. de
Zayas, J. Möller, T. Opsahl, “Application of the
International Covenant on Civil and Political Rights under
the Optional Protocol by the Human Rights Committee” in
German Yearbook of International Law, vol. 28, 1985,
pp. 9-64. Reproduced by the United Nations Centre for
Human Rights as Reprint No.1, 1989.
For a more recent discussion, see Manfred Nowak:
ICCPR Commentary, 2nd edition (Engel Verlag, 2005)
3
International Covenant on Civil and Political Rights.
Selected Decisions under the Optional Protocol
(Seventeenth to thirty-second sessions),New York, 1990.
French and Spanish versions were published in 1991.
2