CCPR/C/121/D/2610/2015
recalls its jurisprudence, according to which, while the Spanish version of article 5 (2) (a)
of the Optional Protocol can result in this paragraph being interpreted differently from the
other language versions, this difference must be resolved in accordance with article 33 (4)
of the 1969 Vienna Convention on the Law of Treaties by adopting the meaning which best
reconciles the authentic texts, having regard to the object and purpose of the treaty. The
phrase ha sido sometido in the Spanish version should therefore be interpreted in the light
of the other versions as meaning “is being examined” under another procedure of
international investigation or settlement. The Committee considers that this interpretation
reconciles the meaning of article 5 (2) (a) of the authentic texts referred to in article 14 (1)
of the Optional Protocol.9 In the light of the fact that the matter is no longer pending before
the regional bodies referred to above, the Committee finds that there is no obstacle to the
admissibility of the communication under article 5 (2) (a). The Committee notes, however,
that the Inter-American Commission on Human Rights and Court of Human Rights
thoroughly reviewed essentially the same claims made by the author against the State party
and issued fully reasoned decisions on them, which deserve due weight.
8.4
The Committee takes note of the author’s claims that she and her son were not
provided with protective measures after the attack, that the measures ordered by the Third
Court of First Instance of the State of Miranda were never implemented and that she was
not afforded any protection beyond the court ruling. The Committee further notes that the
State party, although providing explanations regarding the protective measures afforded to
the author and her son throughout the years following the murder of her husband (paras.
6.4−6.6), has not specified which concrete measures were taken by the police to grant
protection to them. The Committee considers, however, that the information provided by
the author is not sufficiently precise as to the nature of the risk posed to her after leaving
the border area of Zulia and therefore does not permit the Committee to assess the existence
of State responsibility under the Covenant in this regard. The Committee therefore finds
that these claims have not been sufficiently substantiated and are inadmissible pursuant to
article 2 of the Optional Protocol.
8.5
With regard to the author’s claim under article 14 pertaining to the conduct of
investigation, the Committee notes that the author has already alleged a violation of her
rights and those of her husband and son under articles 6 and 7, read in conjunction with
article 2 (3), of the Covenant with relation to the same issues. In these circumstances, the
Committee does not consider that examination of whether the State party also violated its
obligations under article 14 to be distinct from examination of the violation of her rights
and those of her husband and son under articles 6 and 7, read in conjunction with article 2
(3). The Committee therefore considers that the author’s claims under article 14 are
incompatible with article 2 of the Covenant, and inadmissible under article 3 of the
Optional Protocol.
8.6
The Committee notes the author’s claim that she was not able to exhaust domestic
remedies due to the fact that they had proved to be unreasonably lengthy. It also notes that
the State party has not challenged the admissibility of the communication on the grounds of
a failure to exhaust domestic remedies.
8.7
The Committee considers that the remainder of the author’s allegations have been
sufficiently substantiated for the purposes of admissibility. As no other obstacles to
admissibility exist, the Committee declares the communication admissible as raising issues
under article 9 (1) and articles 6 (1) and 7, in connection with 2 (3) of the Covenant, and
proceeds to its examination of the merits.
Consideration of the merits
9.1
The Committee has considered the present communication in the light of all the
information submitted to it by the parties, as required by article 5 (1) of the Optional
Protocol.
9.2
The Committee notes that the author’s complaints concerning the violation of her
rights and those of her husband and son relate to the following factors: (a) the State’s
9
10
Semey v. Spain, para. 8.3; and Rodríguez Castañeda v. México, para. 6.3.