establishes that “privacy” includes attacks on
dignity2 and covers an individual’s interactions with
other persons, 3 including consensual and nonconsensual sexual activity. 4 It considers that the
treatment suffered by the victim constitutes an
arbitrary and unlawful interference with his privacy.
submits that no alternative legal representation exists
for the victim in this case, since neither the parents,
nor the guardian were willing to initiate a private
prosecution. It recalls that it was the child’s former
legal counsel in the domestic proceedings. As to the
object and scope of the application, it notes that the
present communication is confined to complaints
that the domestic criminal investigation did not
comply with standards enshrined in the Covenant.
Finally, there are no possible conflicts of interest
between the author and the victim in the pursuit of
this communication since it addresses matters in
which the author was duly authorized to represent
the victim at the domestic level.
3.3 The author alleges a violation of article 24,
paragraph 1, taken alone and read in conjunction
with article 2, paragraphs 1 and 3. It argues that
States parties are required to adopt such measures of
protection as are required by each child’s status as a
minor. The best interest of the child is the foremost
consideration in assessing and addressing the needs
of children. The author submits that through its acts
and omissions the State party violated article 24,
paragraph 1, because the national authorities were
clearly not guided by the best interest of the child in
making the decisions that affected him.
3.6 The author claims that all effective and
adequate domestic remedies have been exhausted
and that the State party failed to provide the victim
with a legal or any other remedy for the violations he
suffered. The HLC alleges that the authorities had
sufficient information about the abuse to investigate
and prosecute the offenders, but failed to do so.
Local and prosecutorial authorities showed no
willingness to investigate the case properly, and
witnesses were threatened by the alleged
perpetrators, with impunity. The Centre for Social
Work in A granted and withdrew the power of
attorney from the author several times in the span of
three months, thereby sabotaging the author’s efforts
to move the prosecution forward, while the
investigating judge granted the author’s request to
broaden the investigation only after the appeal
(having rejected it twice before) and cancelled the
investigation on three occasions before the final
cancellation in November 2003.
3.4 The author submits that the victim’s abuse
occurred against a backdrop of widespread
discrimination against members of the Roma
community. This factor contributed to the very
occurrence of the abuse and the public manner in
which it was played out.
3.5 With regard to the lack of express
authorization to represent the victim, the author
recalls the Committee allows a communication to be
submitted on behalf of an alleged victim when the
victim is unable to submit the communication
personally, especially in cases concerning children.
In its jurisprudence, the Committee had been guided
not solely by the rules of domestic procedure in
matters of standing and representation, but also by
“the best interests of the child.” 5 The author also
refers to the test applied by the European
Commission of Human Rights. When deciding over
the standing of a solicitor who had represented
minor children in domestic custody proceedings, the
Commission examined (1) whether other or more
appropriate representation existed or was available;
(2) the nature of the links between the author and the
child; (3) the object and scope of the application
introduced on the victim’s behalf; and (4) whether
there were any conflicts of interest. 6 The author
3.7 The author requests the Committee to urge the
State party to reopen the criminal investigation, to
interview witnesses in a confidential manner, to
protect such witnesses, to punish those responsible
for abusing the victim and to provide appropriate
psychological support to him. It also requests that
adequate compensation be paid to the victim.
State party’s submissions on admissibility and merits
4.1 By note verbale of 8 August 2005, the State
party challenged the admissibility of the
communication on the ground that the author has no
standing before the Committee and that the
communication is insufficiently substantiated. It
argues that the author’s submission does not make
clear whether a violation of article 2 of the Covenant
taken alone or read in conjunction with articles 7, 17,
and 24, is also alleged.
2
See communication No.721/1996, Boodoo v. Trinidad
and Tobago, Views adopted on 2 April 2002, para. 6.7.
3
See communication No. 453/1991, Coeriel and Aurik v.
The Netherlands, Views adopted on 31 October 1994,
para. 10.2.
4
See communication No. 488/1992, Toonen v. Australia,
Views adopted on 31 March 1994, para. 8.2.
5
See communication No. 417/1990, Balaguer Santacana
v. Spain, Views adopted on 15 July 1994, paras. 6.1 and
9.2; and communication No. 901/1009, Laing v. Australia,
Inadmissibility decision adopted on 9 July 2004, para. 7.3.
6
See S.P., D.P. and A.T. v. United Kingdom,
Admissibility decision, application No. 23715/94 (20 May
1996). See also P., C. and S. v. United Kingdom,
application No. 56547/00, Admissibility decision (11
December 2001); and C. and D. v. United Kingdom and S.
and others v. United Kingdom, applications
Nos. 34407/02 and 34593/02, Inadmissibility decision (31
August 2004).
31
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents