CCPR/C/120/D/2285/2013
Allegations manifestly unfounded
4.21 The State party argues that the communication is manifestly unfounded. The
authors’ submissions consist almost entirely of legal pleadings on the interpretation of the
Covenant, mainly on article 2, with some very general factual assertions. They do not
include any specific information, let alone objective corroborating evidence, about the
personal experiences of the individual authors. There is no specific substantiation to
establish the effect on the individual authors of the alleged activities on the lands
surrounding the village.
4.22 No evidence is provided that the individual authors actually experienced a restriction
on their right to liberty of movement and freedom to choose residence under article 12 (1),
and no evidence that such a restriction failed to meet the requirements of legality, necessity
and proportionality under article 12 (3).
4.23 Regarding their claims under articles 7 and 17, the authors have provided no
evidence to establish that they actually experienced, as they claim, forced eviction from
land that is closely tied to housing and integral to the functioning of each household. For
example, the authors provided no evidence to substantiate that the alleged evictions from
agricultural land actually occurred, or that the individual authors were affected by such
evictions. Such evidence would be crucial to substantiate the cultural significance they
attach to the alleged evictions and to substantiate the existence of an article 7 violation.
4.24 As to the allegations under article 27, the rights under this provision turn on highly
personal facts about the cultural and community experiences of individuals. Allegations
without any personal substantiation are thus clearly manifestly unfounded.
4.25 The authors have failed to provide sufficient substantiation in factual support of their
pleadings regarding article 2 of the Covenant. They have provided no evidence to
substantiate the involvement of Green Park International and Green Mount International in
any of the activities at issue and to establish any meaningful connection between Canada
and the activities of the two corporations. Furthermore, their claim under article 2 (3) is not
based on any particular procedural unfairness; they are simply dissatisfied with the outcome
of their proceedings. It is essential that the right to an effective remedy be interpreted in a
way that recognizes the continued relevance of the private international law principles
governing the jurisdiction of domestic courts in a transnational context.
Authors’ comments on the State party’s observations
5.1
The authors provided comments on the State party’s observations on 30 September
2014. They argue that the case should be declared admissible and examined on the merits.
5.2
On the issue of standing before the Committee, the authors argue that the
communication is brought by the individual authors but also by the Bil’in Village Council,
which is the body representing the individuals residing in Bil’in who were affected by the
violations of the Covenant. The village itself suffered damages as a result of the
construction of the settlement. Mohamed Ibrahim Ahmed Abu Rahme was the duly elected
representative of the Council, and is included as author because of his capacity to represent
the interests of the village. As to the estate of the late Ahmed Issa Abdallah Yassin, it is not
included in the communication as a legal entity per se, but rather as a means of representing
an individual who is now deceased. The losses he suffered as a result of violations of the
Covenant are now acknowledged by his estate.
5.3
The reason the Bil’in Village Council is named as one of the authors is due in part to
the collective nature of the relationship between Bil’in village and its land, and thus to
ensure that remedies provided through the present communication will include all those
individuals suffering a detrimental impact as a result of the violations caused by the two
corporations. A majority of the village suffered both economic and cultural damage. The
former was caused by the reduced agricultural yield, particularly of olives and olive oil, and
the latter by the inability to use the land as a place of community gathering. Furthermore,
although the construction began only in February 2005, the Bil’in residents were barred
from accessing the land in question beginning 1997, when it was declared “State land” and
the authors were evicted from it.
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