protection. 2 Volume 3 contains a selection of
decisions adopted from the thirty-third to thirtyninth session, Volume 4 a selection of decisions
adopted from the fortieth to the forty-sixth session,
Volume 5 covers the forty-seventh to fifty-fifth
session, Volume 6 covers the fifty-sixth to sixtyfifth session, Volume 7 covers the sixty-sixth to the
seventy-fourth session and Volume 8 covers the
seventy-fifth to eighty-fourth sessions.
partly because the authors discover that their cases
do not satisfy certain basic criteria of admissibility,
such as the required exhaustion of domestic
remedies, and partly because they realize that a
reservation or a declaration by the State party
concerned may operate to preclude the Committee’s
competence to consider the case. These observations
notwithstanding, the number of communications
before the Committee is increasing steadily, and the
Committee’s work is becoming better known to
lawyers, researchers and the general public. The
purpose of the Selected Decisions series is to
contribute to the dissemination of its work.
11. During the period covered by the present
volume, there has again been an increase in the
number of communications submitted to the
Committee. The Special Rapporteur for New
Communications of the Committee, whose mandate
had been amended in 1991 to cope with the
increasing caseload, has continued to further review
and fine-tune his working methods. During the
period covered by the present volume, the Special
Rapporteur requested interim measures of protection
in cases.
9.
The first step towards wider dissemination of
the Committee’s work was the decision taken during
the seventh session to publish its Views: publication
was desirable in the interests of the most effective
exercise of the Committee’s functions under the
Protocol, and publication in full was preferable to
the publication of brief summaries. From the Annual
Report of the Human Rights Committee in 1979 up
to the 2007 report incorporating the ninetieth session
in July 2007, all of the Committee’s Views and
decisions declaring communications inadmissible
have been published in full.
12. The Special Rapporteur on Follow-Up on
Views also continued to review his working
methods during this period. In 1997, his mandate
was formally reviewed and changes to the mandate
incorporated into the Committee’s rules of
procedure. Under the revised follow-up procedure,
the Committee in principle no longer considers
follow-up information on a confidential basis but in
public session.
10. At its fifteenth session, the Committee
decided to proceed with a separate project, the
periodical publication of a selection of its decisions
under the Optional Protocol, including certain
important decisions declaring communications
admissible and other decisions of an interlocutory
nature. Volume 1 of this series, covering decisions
taken from the second to the sixteenth session
inclusive, was published in 1985 in English. 1
Volume 2 covers decisions taken from the
seventeenth to the thirty-second session and includes
all decisions declaring communications admissible,
two interim decisions requesting additional
information from the author and State party, and two
decisions under rule 86 of the Committee’s rules of
procedure, requesting interim measures of
13. The format of decisions on admissibility and
final Views adopted at the Committee’s thirtyseventh session in 1989, which was designed to
achieve greater precision and brevity, continued to
be followed during the period covered by the present
volume.
14. An important development in terms of
jurisprudence was the steady increase in the number
of individual opinions appended by members of the
Committee to decisions on admissibility or final
Views (rule 104 of the rules of procedure). It is
particularly noteworthy that many members have
appended joint individual opinions, whether
concurring or dissenting. Readers will find
numerous examples of this practice in the present
volume.
1
Human Rights Committee, Selected Decisions under the
Optional Protocol (Second to sixteenth sessions), New
York, 1985 (United Nations publication, Sales No.
E.84.XIV.2), hereinafter referred to as Selected Decisions,
vol. 1. French and Spanish versions were published in
June 1988 (CCPR/C/OP/1).
For an introduction to the Committee’s
jurisprudence from the second to the twenty-eighth
sessions, see A. de Zayas, J. Möller, T. Opsahl,
“Application of the International Covenant on Civil and
Political Rights under the Optional Protocol by the
Human Rights Committee” in German Yearbook of
International Law, vol. 28, 1985, pp. 9-64. Reproduced by
the United Nations Centre for Human Rights as Reprint
No. 1, 1989.
For a more recent discussion, see Manfred Nowak,
ICCPR Commentary, 2nd edition (Engel Verlag, 2005).
2
International Covenant on Civil and Political Rights.
Selected Decisions under the Optional Protocol
(Seventeenth to thirty-second sessions), New York, 1990.
French and Spanish versions were published in 1991.
2