INTRODUCTION
(e)
That the same matter is not being
examined under another procedure of international
investigation or settlement;
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.
(f)
That the individual has exhausted all
available domestic remedies.
2.
In accordance with article 28 of the Covenant,
the States parties established the Human Rights
Committee on 20 September 1976.
5.
Under rule 92 (old 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 94 (2), the Committee
may deal jointly with two or more communications,
if deemed appropriate.
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 30 July
1999, 95 of the 145 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.
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.
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.7), pursuant to which the
Committee shall ascertain:
(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;
7.
The Committee started work under the
Optional Protocol at its second session in 1977.
From then until its sixty-seventh session in the
autumn of 1999, 901 communications relating to
alleged violations by 61 States parties were placed
before it for consideration. By the end of the
Committee’s sixty-seventh session, the status of
these communications was as follows:
(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;
(c)
That the communication is not an
abuse of the right to submit a communication under
the Protocol;
(d)
That the communication is not
incompatible with the provisions of the Covenant;
(a)
Concluded by adoption of Views
under article 5 (4) of the Optional
Protocol ............................................... 333
(b)
Declared inadmissible ......................... 274
(c)
Discontinued or withdrawn ................. 129
(d)
Declared admissible but not yet
concluded ............................................
(e)
1
38
Pending at pre-admissibility stage ...... 127