ecosystem, the marine environment and the food chain by radiation, as cancers may take 10 to 30 years to develop and manifest themselves; the same is true for genetical malformations. She notes that some reports have revealed the presence of Iodium 131 in significant quantities in the lagoon of Mururoa after the tests, and surmises that the discovery of Caesium 134 in the lagoon's waters is an indicator of the leaky nature of the underground shafts, from which more radioactivity is likely to escape in the future. Finally, negative effects are expected from the poisoning of fish in the South Pacific by a toxic substance found on algae growing on dead coral reefs, and which trigger a disease known as ciguatera; there is said to be a correlation between the conduct of nuclear tests in the South Pacific and the increase in poisoning of fish and of human beings by ciguatera. decision to resume nuclear tests constituted an abuse of (executive) power (... recours pour excès de pouvoir). Contrary to what the authors affirm, such a recourse could not a priori be deemed futile or ineffective. Furthermore, the State party notes that as the authors essentially invoke the potential risks which the tests entail for their health and the environment, they should have requested compensation from the competent authorities, which they failed to do. If their request had been rejected, they could have filed a complaint before the administrative tribunals, invoking the State's no fault responsibility (responsabilité sans faute). 3.9 Finally, the State submits that the authors' claim is incompatible ratione materiae with articles 6 and 17 of the Covenant. For the State party, article 6 only applies in the event of a real and immediate threat to the right to life, which presents itself with some degree of certainty; such is not the case in the authors' situation. Similar considerations apply to article 17, where the prohibited unlawful interference with private or family life is a real and effective interference, and not the risk of a purely hypothetical interference. 4.4 On the basis of the above, counsel argues that the authors do qualify as victims within the meaning of article 1 of the Optional Protocol. The risks to the health of Mr. Temeharo and Ms. Bordes are said to be significant, clearly exceeding the threshold of purely hypothetical threats. The evaluation of the threats to the authors' rights under articles 6 and 17 can only be, according to counsel, made during evaluation of the merits of the authors' claims. For purposes of admissibility, the burden of proof is said to have been discharged, as the authors have made prima facie substantiated allegations. 4.1 In her comments, dated 8 April 1996, counsel for the authors contends that the risk of adverse effects of the nuclear tests already carried out on the authors' life, health and environment is real and serious. She deplores the absence of an independent international investigation into the impacts of the programmed and concluded tests. She criticizes the lack of transparency of the French authorities, which are said to even misrepresent the true number of underground nuclear tests carried out on Mururoa and Fangataufa since the 1970s. She further points out that even the reports invoked by the State party itself (see paragraph 3.5 above) contain passages which caution that the danger of escape of radioactive particles (Caesium 134, Iodium 131) from the underground shafts and consequently contamination of the atmosphere is real; however, the State party has chosen to invoke only those conclusions favourable to its position. 4.5 Counsel denies that the communication is inadmissible under article 5, paragraph 2 (a), of the Optional Protocol. She notes that Ms. Bordes withdrew her complaint from the European Commission of Human Rights by letter of 17 August 1995; conversely, Mr. Tauira withdrew his complaint from consideration by the Human Rights Committee by letter of 18 August 1995. Counsel further contends that the French reservation to article 5, paragraph 2 (a), of the Optional Protocol, is inapplicable in the present case: in this context, she affirms that the reservation only applies if the "same matter" has been the subject of a decision on the merits by another instance of international investigation or settlement. In the instant case, the European Commission of Human Rights declared the case presented to it inadmissible, without entering into a debate on the merits of the authors' claims. 4.2 Counsel argues that the tests do have adverse impacts on the marine environment in the testing area, and from there have repercussions on the whole region's ecosystem, by propagation of radiation through the food chain (especially fish). She notes that a July 1995 report prepared by Médecins Sans Frontières rightly criticizes the absence of medical supervision of the population of French Polynesia in the aftermath of the nuclear tests. 4.6 Counsel submits that the authors should be deemed to have complied with the requirement of exhaustion of domestic remedies, since available judicial remedies are clearly ineffective. In this context, she notes that President Chirac's decision to resume nuclear tests in the South Pacific is not susceptible of judicial control: this is said to be confirmed by the jurisprudence of the French Conseil d'État, the highest administrative tribunal. 4.3 It is submitted that the nuclear tests carried out will, with some degree of probability, increase the incidence of cases of cancer among inhabitants of French Polynesia. Counsel concedes that it is too early to gauge the extent of the contamination of the 17