CCPR/C/122/D/3090/2017
CCPR/C/122/D/3091/2017
3.12 Lastly, he claims that the lack of compensation for his unlawful, arbitrary and
inappropriate detention contravenes article 9 (5) of the Covenant. The author argues that
there is no effective and efficient procedure in France for obtaining compensation for
unreasonable or arbitrary detention within the meaning of article 9 of the Covenant. He also
considers that the devastation he suffered during the period of arbitrary detention and the
lack of redress violate the rights safeguarded under article 7 of the Covenant. Furthermore,
the two cases of denial of justice when the request for compensation for arbitrary and
unlawful detention was reviewed violate article 14 (1) of the Covenant.
Issues and proceedings before the Committee
Consideration of admissibility
4.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether the communication is
admissible under the Optional Protocol to the Covenant.
4.2
The Committee has ascertained, in accordance with article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
4.3
The Committee considers that the author’s claims under article 9 (1), (3) and (5) and
under article 14 (1) of the Covenant concern the assessment by the courts of the two States
parties of the facts and evidence during the proceedings initiated by the author. The
Committee notes that it is generally for the courts of States parties to the Covenant to
review facts and evidence, or the application of domestic legislation, in a particular case,
unless it can be shown that such evaluation or application was clearly arbitrary or amounted
to a manifest error or denial of justice, or that the court otherwise violated its obligation of
independence and impartiality. 9 The Committee notes that the author has failed to
demonstrate that such shortcomings existed in the conduct of the proceedings in this case.
Accordingly, the Committee considers that the author’s claims under article 9 (1), (3) and
(5) and under article 14 (1) of the Covenant are inadmissible pursuant to article 2 of the
Optional Protocol.
4.4
The Committee further notes the author’s claim that his alleged arbitrary detention
and lack of compensation violated his rights under article 7 of the Covenant, thereby
constituting inhuman and degrading treatment. It considers, however, that the author has
not adequately substantiated this complaint for the purposes of admissibility. Accordingly,
it declares the author’s claims under article 7 of the Covenant inadmissible pursuant to
article 2 of the Optional Protocol.
5.
The Committee therefore decides:
(a)
Protocol;
That the communications are inadmissible under article 2 of the Optional
(b)
That the present decision will be communicated to the States parties and to
the author of the communication.
9
GE.18-10755
The Committee’s general comment No. 32 (2007) on the right to equality before courts and tribunals
and to a fair trial.
7