to be examined by a doctor, at his own request or
that of his family, under article 56, paragraph 2, of
the Code of Criminal Procedure.
2.4 According to the author, his family in Dakar
is being persecuted by the Senegalese authorities.
On 6 June 1990, the regional court of Dakar
confirmed an eviction order served by the
departmental court (Tribunal départemental) of
Dakar on 12 February 1990. As a result, the author
and his family had to leave the house in which they
had resided for the past forty years. The decision
was taken at the request of the new owner, who had
bought the property from the heirs of the author's
grandfather in 1986. The author and his father
challenged the validity of the act of sale and
reaffirmed their right to the property. The
municipal authorities of Dakar, however, granted a
lease contract to the new owner on the basis of the
act of sale, thereby confirming – without valid
grounds in the author's opinion – the latter's right to
the property.
4.3 Concerning the author's allegation of arbitrary
detention in 1982, the State party points out that
Mr. Koné was remanded by order of an examining
magistrate. As this order was issued by an officer
authorized by law to exercise judicial power, his
provisional detention cannot be characterized as
illegal or arbitrary. Furthermore, articles 334 and
337 of the Penal Code criminalize acts of arbitrary
arrest and detention. After his provisional release
(élargissement) on 9 May 1986, Mr. Koné could
have seized the competent judicial authorities under
article 76 of the Code of Criminal Procedure.
4.4 With regard to the allegations pertaining to
the eviction order, the State party observes that the
judgment which confirmed the order (i.e. the
judgment of the Tribunal régional) could have been
appealed further to the Supreme Court, pursuant to
article 3 of Decree No. 60-17 of 3 September 1960,
concerning the rules of procedure of the Supreme
Court) and article 324 of the Code of Civil
Procedure. Furthermore, as the Senegalese courts
have not yet ruled on the substance of the matter, i.e.
the title to the property, the author could have
requested the civil court to rule on the substance.
2.5 As to the requirement of exhaustion of
domestic remedies, the author affirms, without
giving details, that as an opponent to the
government, it is not possible for him to lodge a
complaint against the State party's authorities. In this
context, he claims that he has been threatened on
several occasions by the security police.
The complaint
3.
Although the author does not invoke any of
the articles of the International Covenant on Civil
and Political Rights, it appears from the context of
his submissions that he claims violations of
articles 7, 9 and 19.
The Committee's admissibility decision
5.1 During its 43rd session, the Committee
considered the admissibility of the communication.
It noted that the author's claim concerning the
eviction from his family home related primarily to
alleged violations of his right to property, which is
not protected by the Covenant. Since the Committee
is only competent to consider allegations of
violations of any of the rights protected under the
Covenant, the author's claim in respect of this issue
was deemed inadmissible under article 3 of the
Optional Protocol.
The State party's information and observations
4.1 The State party contends that the author is not
a victim of political persecution and has not been
prevented from expressing his opinions, but that he
is merely a person rebellious to any type of
authority.
4.2 Concerning the author's allegation of torture
and ill-treatment, the State party indicates that
torture constitutes a punishable offence under the
Senegalese Criminal Code, which provides for
various penalties for acts of torture and ill-treatment,
increasing in severity to correspond with the gravity
of the physical consequences of the torture. Other
provisions of the Criminal Code provide for an
increase of the punishment if the offence is
committed by an official or civil servant in the
exercise of his functions. Pursuant to article 76 of the
Code of Criminal Procedure, the author could have
and should have submitted a complaint to the
competent judicial authorities against the police
officers held responsible for his treatment. The State
party further points out that Mr. Koné had the
possibility, forty-eight hours after his apprehension,
5.2 Concerning the claim that the author had been
tortured and ill-treated by the security police, the
Committee noted that the author had failed to take
steps to exhaust domestic remedies since he allegedly
could not file complaints against Senegalese
authorities as a political opponent. It considered,
however, that domestic remedies against acts of
torture could not be deemed a priori ineffective and,
accordingly, that the author was not absolved from
making a reasonable effort to exhaust them. This part
of the communication was therefore declared
inadmissible under article 5, paragraph 2 (b), of the
Protocol.
5.3 As to the allegations relating to articles 9 and
19, the Committee noted that the State party had
failed to provide information on the charges against
43
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