8.
In its first twenty-two years, the Committee
received many more than the 901 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.
under the Optional Protocol, including certain
important decisions declaring communications
admissible and other decisions of an interlocutory
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 protection3. 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 fortysixth session and Volume 5 covers sessions fortyseven to fifty-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
13. The format of decisions on admissibility and
final Views adopted at the Committee’s thirtyseventh session in 1989, which was designed to
achieve greater precision and brevity, continued to
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).
2
Human Rights Committee, Selected Decisions under
the Optional Protocol (Second to sixteenth sessions), New
York, 1985 (United Nations publication, Sales
No. .84.XIV.2), hereinafter referred to as Selected
Decisions, vol.1. French and Spanish versions were
published in June 1988 (CCPR/C/OP/1).
For a discussion of the Committee’s jurisprudence,
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