6. 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 as found by the Committee reveal a violation by the State party of articles 6, paragraph 1; 7; and 9, paragraph 1, of the Covenant. provide the author with an effective remedy. The Committee urges the State party to investigate thoroughly the disappearance of Rafael Mojica, to bring to justice those responsible for his disappearance and to pay appropriate compensation to his family. 8. The Committee would wish to receive from the State party, within 90 days, information about the measures taken in response to its Views. 7. Under article 2, paragraph 3, of the Covenant, the State party is under an obligation to Communication No. 453/1991 Submitted by: A.R. Coeriel and M.A.R. Aurik (represented by counsel) on 14 January 1991 Alleged victim: The authors State party: The Netherlands Declared admissible: 8 July 1993 (forty-eighth session) Date of adoption of Views: 31 October 1994 (fifty-second session)* Justice rejected the authors' request, on the ground that their cases did not meet the requirements set out in the 'Guidelines for the change of surname' (Richtlijnen voor geslachtsnaamwijziging 1976). The decision further stipulated that a positive decision would have been justified only by exceptional circumstances, which were not present in the authors' cases. The Minister considered that the authors' current surnames did not constitute an obstacle to undertake studies for the Hindu priesthood, since the authors would be able to adopt the religious names given to them by their Guru upon completion of their studies, if they so wished. Subject matter: Refusal to change authors’ surnames to Hindu names Procedural issues: Lack of substantiation of claim – Inadmissibility ratione personae – Exhaustion of domestic remedies Substantive issues: Arbitrary or unlawful interference with one’s privacy – Permissible restrictions on freedom of religion Articles of the Covenant: 17 and 18 Articles of the Optional Protocol: 1, 2, 5 (2) (b) 1. The authors of the communication are A.R. Coeriel and M.A.R. Aurik, two Dutch citizens residing in Roermond, the Netherlands. They claim to be victims of a violation by the Netherlands of articles 17 and 18 of the International Covenant on Civil and Political Rights. 2.3 The authors appealed the Minister's decision to the Council of State (Raad van State), the highest administrative tribunal in the Netherlands and claimed inter alia that the refusal to allow them to change their names violated their freedom of religion. On 17 October 1990, the Council dismissed the authors' appeals. It considered that the authors had not shown that their interests were such that it justified the changing of surnames where the law did not provide for it. In the opinion of the Council, it was not shown that the authors' surnames needed to be legally changed to give them the chance to become Hindu priests; in this connection, the Council noted that the authors were free to use their Hindu surnames in public social life. The facts as submitted by the authors 2.1 The authors have adopted the Hindu religion and state that they want to study for Hindu priests ('pandits') in India. They requested the Roermond District Court (Arrondissements Rechtbank) to change their first names into Hindu names, in accordance with the requirements of their religion. This request was granted by the Court on 6 November 1986. 2.4 On 6 February 1991, the authors submitted a complaint to the European Commission of Human Rights. On 2 July 1992, the European Commission declared the authors' complaint under articles 9 and 14 of the Convention inadmissible as manifestly illfounded, as they had not established that their religious studies would be impeded by the refusal to modify their surnames. 2.2 Subsequently, the authors requested the Minister of Justice to have their surnames changed into Hindu names. They claimed that for individuals wishing to study and practice the Hindu religion and to become Hindu priests, it is mandatory to adopt Hindu names. By decisions of 2 August and 14 December 1988 respectively, the Minister of 72