information made available to it by the parties, as
provided in article 5, paragraph 1, of the Optional
Protocol.
a matter that had been declared inadmissible ratione
materiae had not, in the meaning of the reservation,
been "considered" in such a way that the Committee
was precluded from examining it.
5.2 The Committee recalled that the concept of
"suit at law" under article 14, paragraph 1, was based
on the nature of the right in question rather than on
the status of one of the parties. The Committee
considered that a procedure concerning a dismissal
from employment constituted the determination of
rights and obligations in a suit at law, within the
meaning of article 14, paragraph 1, of the Covenant.
Accordingly, on 7 July 1993, the Committee
declared the communication admissible.
Information received
admissibility
after
the
decision
7.2 The Committee notes that the issue before it is
whether the duration of the proceedings before the
Administrative Tribunal of Nancy concerning the
author's second dismissal of 23 March 1989 violated
the author's right to a fair hearing within the meaning
of article 14, paragraph 1, of the Covenant.
7.3 The Committee recalls that the right to a fair
hearing under article 14, paragraph 1, entails a
number of requirements, including the condition that
the procedure before the courts must be conducted
expeditiously.2 The Committee notes that in the
instant case, the author, on 30 March 1989, initiated
proceedings against his dismissal before the
Administrative Tribunal of Nancy and that the
Tribunal, after having concluded the preliminary
inquiry on 19 October 1989, rendered its judgement
in the case on 20 December 1991.
on
6.1 By a letter dated 17 June 1994, the author
informs the Committee that the Administrative
Tribunal of Nancy, on 20 December 1991, ruled in
his favour and that he was reinstated in his post. He
adds, however, that the city administration, on
17 December 1992, has again unilaterally terminated
his employment and that this decision now is again
before the administrative tribunals. He further
submits that the continuing conflict with the
administration and the long delays before the
Tribunal have resulted in feelings of anguish and
depression, as a result of which his health has
seriously deteriorated.
7.4 The Committee notes that the author
obtained a favourable decision from the
Administrative Tribunal of Nancy and that he was
reinstated in his post. Bearing in mind the fact that
the Tribunal did consider whether the author's case
should have priority over other cases, the
Committee finds that the period of time that has
elapsed from the submission of the complaint of
irregular dismissal to the decision of reinstatement
does not constitute a violation of article 14,
paragraph 1, of the Covenant.
6.2 No information or observations have been
forwarded by the State party, despite a reminder sent
on 3 May 1994. The Committee notes with regret the
absence of cooperation from the State party, and
recalls that it is implicit in article 4, paragraph 2, of
the Optional Protocol, that a State party should make
available to the Committee all the information at its
disposal. In the circumstances, due weight must be
given to the author's allegations, to the extent that
they have been substantiated.
8.
The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol to
the International Covenant on Civil and Political
Rights, is of the view that the facts before it do not
reveal a violation of any of the provisions of the
Covenant.
2
See Official Records of the General Assembly, Fortyfourth Session, Supplement No. 40 (A/44/40), annex X.E,
communication No. 207/1986 (Yves Morael v. France),
Views adopted on 28 July 1989, para. 9.3.
Examination of the merits
7.1 The Human Rights Committee has considered
the present communication in the light of all the
69
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