violation of article 14 of the Covenant, the Committee notes that the author pleaded guilty to the charge against him, that he failed to appeal his conviction, and that he never raised any objections with regard to the impartiality and independence of the Special Court. In this context, the Committee notes that the author was represented by legal counsel throughout and that it appears from the file that he made use of his right to petition the High Court with regard to other issues but did not raise the aforesaid issue. In the circumstances, the Committee finds that the author has failed to fulfil the requirement of article 5, paragraph 2 (b), of the Optional Protocol, to exhaust available domestic remedies. December 1993, but that he was only given leave after she died, to attend her funeral. Issues and proceedings before the Committee 9.1 Before considering any claim contained in a communication, the Human Rights Committee must, in accordance with rule 87 of its rules of procedure, decide whether or not it is admissible under the Optional Protocol to the Covenant. 9.2 The Committee has taken note of the State party's argument that the communication is inadmissible ratione temporis. The Committee refers to its prior jurisprudence and reiterates that it is precluded from considering a communication if the alleged violations occurred before the entry into force of the Covenant for the State party concerned, unless the alleged violations continue or have continuing effects which in themselves constitute a violation. The Committee notes that, although the author was convicted and sentenced at first instance in June 1989, that is before the entry into force of the Covenant for Ireland, his appeal was dismissed on 21 May 1990, that is after the entry into force of the Covenant for Ireland, and his imprisonment lasted until August 1994. In the circumstances, the Committee is not precluded ratione temporis from considering the author's communication. 9.4 As regards the author's claim that he was discriminated against because he was not transferred to an open prison at the same time as his co-accused, the Committee notes that the State party has argued, and the author has not denied, that it would have been open to the author to seek judicial review of this decision. In the circumstances, the Committee considers that this claim is also inadmissible under article 5, paragraph 2 (b), of the Optional Protocol, for non-exhaustion of domestic remedies. 10. The Human Rights Committee therefore decides: (a) That inadmissible; 9.3 As regards the author's claim that he did not receive a fair trial because he was tried before a Special Criminal Court, which was established in the communication is (b) That this decision shall be communicated to the State party and to the author. Communication No. 608/1995 Submitted by: Franz Nahlik Alleged victim: The author State party: Austria Declared inadmissible: 22 July 1996 (fifty-seventh session) Subject matter: Alleged discrimination, in the allocation of retirement benefits The facts as submitted by the author Procedural issues: None 2.1 The author worked at that Social Insurance Board in Salzburg (Salzburger Gebietskrankenkasse) and retired before 1 January 1992. He states that he and his 27 former colleagues receive retirement benefits under the relevant schemes of the Regulations of Service for Employees of the Social Insurance Board. As of 1 January a collective agreement between the Social Insurance Board in Salzburg (Salzburger Gebietskrankenkasse) and the employees modified the scheme; the agreement provided for a linear pay raise of four percent starting on 1 January 1992 and a permanent monthly entitlement of 200,- ATS, which is regarded as a regular payment to be included in the calculation of employees' retirement benefits. The Salzburg Substantive issues: Discrimination Article of the Covenant: 26 Articles of the Optional Protocol and Rules of procedure: 1 and 2 1. The author of the communication is Franz Nahlik, an Austrian citizen, residing in Elsbethen, Austria. He submits the communication on his own behalf and on behalf of 27 former colleagues. They claim to be victims of a violation by Austria of article 26 of the International Covenant on Civil and Political Rights. 9