INTRODUCTION
1.
The International Covenant on Civil and
Political Rights and the Optional Protocol thereto
were adopted by the General Assembly on 16
December 1966 and entered into force on 23 March
1976.
(f)
That the individual has exhausted all
available domestic remedies.
5.
Under rule 92 (old rule 86) of its rules of
procedure, the Committee may, prior to the
forwarding of its final Views on a communication,
inform the State party of whether “interim
measures” of protection are desirable to avoid
irreparable damage to the victim of the alleged
violation. The request for interim measures,
however, does not imply the determination of the
merits of the communication. The Committee has
requested such interim measures in numerous cases,
for example where the carrying out of a death
sentence or the expulsion or extradition of a person
appeared to be imminent. Pursuant to rule 94 (2), the
Committee may deal jointly with two or more
communications, if deemed appropriate.
2.
In accordance with article 28 of the Covenant,
the States parties established the Human Rights
Committee on 20 September 1976.
3.
Under the Optional Protocol, individuals who
claim that any of their rights set forth in the
Covenant have been violated and who have
exhausted all available domestic remedies may
submit a written communication to the Human
Rights
Committee
for
consideration.
No
communication can be received by the Committee if
it concerns a State party to the Covenant that is not
also a party to the Optional Protocol. As of 31
December 2007, 110 of the 156 States that had
acceded to or ratified the Covenant had accepted the
competence of the Committee to receive and
consider individual complaints by ratifying or
acceding to the Optional Protocol.
6.
With respect to the question of burden of
proof, the Committee has established that such
burden cannot rest on the author of a communication
alone, especially since the author and the State party
do not always have equal access to the evidence and
the State party frequently has sole possession of the
relevant information. It is implicit in article 4 (2) of
the Optional Protocol that the State party has a duty
to investigate in good faith all allegations of
violations of the Covenant made against it and its
authorities.
4.
Under the terms of the Optional Protocol, the
Committee may consider a communication only if
certain conditions of admissibility are satisfied.
These conditions are set out in articles 1, 2, 3 and 5
of the Optional Protocol and restated in rule 96 of
the
Committee’s
rules
of
procedure
(CCPR/C/3/Rev.9), pursuant to which the
Committee shall ascertain:
7.
The Committee started work under the
Optional Protocol at its second session in 1977.
From then until its ninety-first session in October
2007, 1745 communications relating to alleged
violations by 82 States parties were placed before it
for consideration. By the end of December 2007, the
status of these communications was as follows:
(a) That the communication is not
anonymous and that it emanates from an individual,
or individuals, subject to the jurisdiction of a State
party to the Protocol;
(b)
That the individual claims, in a manner
sufficiently substantiated, to be a victim of a
violation by that State party of any of the rights set
forth in the Covenant. Normally, the communication
should be submitted by the individual himself or by
his representative; a communication submitted on
behalf of an alleged victim may, however, be
accepted when it appears that he is unable to submit
the communication himself;
(a)
Concluded by the adoption of Views
under article 5 (4) of the Optional Protocol: 605
(b)
Declared inadmissible: 483
(c)
Discontinued or withdrawn: 242
(d)
Declared
concluded: 16
(e)
(c)
That the communication is not an
abuse of the right to submit a communication under
the Protocol;
admissible
but
not
yet
Pending at pre-admissibility stage: 399
8.
Since 1976, the Committee has received
many
more
than
the
1745
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,
(d)
That the communication is not
incompatible with the provisions of the Covenant;
(e)
That the same matter is not being
examined under another procedure of international
investigation or settlement;
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