other officials who at that time were simultaneously
performing corresponding and identical functions in
metropolitan France, in the Mutualité Agricole.2 He
cites the Human Rights Committee’s general
comment No. 25 (57), which states that “to ensure
access on general terms of equality, the criteria and
processes for appointment, promotion, suspension
and dismissal must be objective and reasonable”.
Consequently, the author considers that the criteria
used to draw a distinction in his case, namely the
nature of the performance of a management function
within the regional mutual social insurance fund for
farmers, as interpreted by the State party, clearly
underlie a difference in treatment which is not based
on an objective and reasonable criterion.
accession to the Optional Protocol, the State party
entered a reservation with regard to article 5,
paragraph 2 (a), of the Optional Protocol indicating
that the Committee shall not have competence to
consider a communication from an individual if the
same matter is being examined or has already been
considered under another procedure of international
investigation or settlement. However, the Committee
finds that the European Court did not “examine” the
case in the meaning of article 5, paragraph 2 (a), of
the Optional Protocol in so far as its ruling dealt only
with a question of procedure. Consequently, no issue
arises with regard to article 5, paragraph 2 (a), of the
Optional Protocol, as interpreted in the light of the
State party’s reservation.
3.4 Concerning the exhaustion of domestic
remedies, the author states that, following the ruling
handed down by the Council of State on 8 June
1990, no further domestic remedies are available to
him.
4.3 The Committee notes the delay of 15 years in
this case and observes that there are no explicit time
limits for submission of communications under the
Optional
Protocol.
However,
in
certain
circumstances, the Committee is entitled to expect a
reasonable explanation justifying such a delay. In the
present case, the Council of State handed down its
ruling on 8 June 1990, over 15 years before the
communication was submitted to the Committee, but
no convincing explanation has been provided to
account for such a delay. In the absence of an
explanation, the Committee considers that
submitting the communication after such a long
delay amounts to an abuse of the right of
submission, and finds the communication
inadmissible under article 3 of the Optional
Protocol3 and rule 93 (3) of the rules of procedure.
3.5 The author requests the Committee to rule on
the granting of just satisfaction to the author, who
has suffered serious injury owing to the failures of
the French administration. He also asks that the State
party should be ordered to pay him the costs he
incurred when bringing actions in the French courts.
Issues and proceedings before the Committee
4.1 Before considering any claim contained in a
communication, the Human Rights Committee must,
in accordance with rule 93 of its rules of procedure,
decide whether or not it is admissible under the
Optional Protocol to the Covenant on Civil and
Political Rights.
5.
Consequently, the Human Rights Committee
decides:
(a) That the communication is inadmissible
under article 3 of the Optional Protocol and rule 93
(3) of the rules of procedure;
4.2 In accordance with article 5, paragraph 2 (a),
of the Optional Protocol, the Committee has
ascertained that a similar complaint lodged by the
author was declared inadmissible on grounds of late
submission by the European Court of Human Rights
on 18 November 2004 (application No. 2188/04).
The Committee also points out that at the time of its
(b) That this decision shall be communicated
to the State party and the author for information.
3
See Gobin v. Mauritius, communication No. 787/1997,
decision on admissibility adopted on 16 July 2001, para.
6.3.
2
See Gueye v. France, communication No. 196/1985,
Views adopted on 3 April 1989, para. 9.5.
46
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