8.4 The Committee takes note of counsel's
comment that a delay until 1996 is expected in the
finalization of the plan of the Central Forestry Board
for use and maintenance, and understands this as an
indication that no further activities in the
Hammastunturi Wilderness and the residual area will
be undertaken by the State party while the authors
may pursue further domestic remedies.
Administrative Tribunal, which makes no reference
to article 27, should be seen as a negative precedent
for the adjudication of the authors' own grievances.
In the light of the developments referred to in
paragraph 8.2 above, the authors' doubts about the
courts' readiness to entertain claims based on
article 27 of the Covenant do not justify their failure
to avail themselves of possibilities of domestic
remedies which the State party has plausibly argued
are available and effective. The Committee further
observes that according to counsel, the decision of
the Court of Appeal of Rovaniemi in another
comparable case, while not confirming the practical
applicability of article 27 before the local courts, at
least leaves this possibility open. Thus, the
Committee concludes that an administrative action
challenging road construction activities in the
residual area would not be a priori futile, and that the
requirements of article 5, paragraph 2 (b), of the
Optional Protocol have not been met.
9.
The Human Rights Committee therefore
decides:
(a)
That the decision of 9 July 1991 is set
aside;
(b)
That
the
communication
is
inadmissible under article 5, paragraph 2 (b), of the
Optional Protocol;
(c)
That this decision shall be communicated to the State party, to the authors and to
their counsel.
11
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