8.
In its first sixteen years, the Committee
received many more than the 675 registered
communications mentioned above. The Secretariat
regularly receives inquiries from individuals who
intend to submit a communication to the Committee.
Such inquiries are not immediately registered as
cases. In fact, the number of authors who eventually
submit cases for consideration by the Committee
under the Optional Protocol is relatively small,
partly because the authors discover that their cases
do not satisfy certain basic criteria of admissibility,
such as the required exhaustion of domestic
remedies, and partly because they realize that a
reservation or a declaration by the State party
concerned may operate to preclude the Committee’s
competence to consider the case. These observations
notwithstanding, the number of communications
placed before the Committee is increasing steadily,
and the Committee’s work is becoming better known
to lawyers, researchers and the general public. The
purpose of the Selected Decisions series is to
contribute to the dissemination of its work.
nature. Volume 1 of this series, covering decisions
taken from the second to the sixteenth session
inclusive, was published in 1985 in English.2
Volume 2 covers decisions taken under article 5 (4)
of the Optional Protocol from the seventeenth to the
thirty-second session and includes all decisions
declaring communications admissible, two interim
decisions requesting additional information from the
author and State party, and two decisions under
rule 86 of the Committee’s rules of procedure,
requesting interim measures of protection.3
11. Volume 5 covers sessions forty-seven to fiftyfive and contains: four interlocutory decisions – two
decisions requesting interim measures of protection
and two decisions to deal jointly with
communications under rule 88; one decision in
reversal of admissibility; 16 decisions declaring a
communication inadmissible; and 27 Views adopted
during that period.4
12. The current volume contains 3 decisions
declaring the communication inadmissible, including
1 decision requesting interim measures of protection
under rule 86, and 26 Views under article 5 (4) of the
Optional Protocol.
9.
The first step towards wider dissemination of
the Committee’s work was the decision taken during
the seventh session to publish its Views: publication
was desirable in the interests of the most effective
exercise of the Committee’s functions under the
Protocol, and publication in full was preferable to
the publication of brief summaries. From the Annual
Report of the Human Rights Committee in 1979 up
to the 1993 report incorporating the forty-sixth
session, all the Committee’s Views and a selection
of its decisions declaring communications
inadmissible, decisions in reversal of admissibility
and decisions to discontinue consideration were
published in full.1
13. In the case of decisions relating to
communications declared inadmissible or on which
2
Human Rights Committee, Selected Decisions under
the Optional Protocol (Second to sixteenth sessions), New
York, 1985 (United Nations publication, Sales
No. E.84.XIV.2), hereinafter referred to as Selected
Decisions, vol. 1. French and Spanish versions were
published in June 1988 (CCPR/C/OP/1).
For an introduction to the Committee’s jurisprudence
from the second to the twenty-eighth sessions, see A. de
Zayas, J. Möller, T. Opsahl, “Application of the
International Covenant on Civil and Political Rights under
the Optional Protocol by the Human Rights Committee” in
German Yearbook of International Law, vol. 28, 1985,
pp. 9-64. Reproduced by the United Nations Centre for
Human Rights as Reprint No. 1, 1989.
For a more recent discussion, see A. de Zayas, “The
examination of Individual Complaints by the United
Nations Human Rights Committee under the Optional
Protocol to the International Covenant on Civil and
Political Rights” in International Human Rights
Monitoring Mechanisms, Essays in Honour of Jakob Th.
Möller, Martinus Nijhoff, 2001, pp. 67-121; see also A. de
Zayas and J. Möller, The Case Law of the United Nations
Human Rights Committee 1977-2002, A Handbook,
Kluwer (forthcoming).
10. At its fifteenth session, the Committee
decided to proceed with a separate project, the
periodical publication of a selection of its decisions
under the Optional Protocol, including certain
important decisions declaring communications
admissible and other decisions of an interlocutory
1
See Official Records of the General Assembly, Thirtyfourth Session, Supplement No. 40 (A/34/40); Thirty-fifth
Session, Supplement No. 40 (A/35/40); Thirty-sixth
Session, Supplement No. 40 (A/36/40); Thirty-seventh
Session, Supplement No. 40 (A/37/40); Thirty-eighth
Session, Supplement No. 40 (A/38/40); Thirty-ninth
Session, Supplement No. 40 (A/39/40); Fortieth Session,
Supplement No. 40 (A/40/40); Forty-first Session,
Supplement No. 40 (A/41/40); Forty-second Session,
Supplement No. 40 (A/42/40); Forty-third Session,
Supplement No. 40 (A/43/40); Forty-fourth Session,
Supplement No. 40 (A/44/40); Forty-fifth Session,
Supplement No. 40 (A/45/40); Forty-sixth Session,
Supplement No 40 (A/46/40); Forty-seventh Session,
Supplement No. 40 (A/47/40); Forty-eighth Session,
Supplement No. 40 (A/48/40).
3
International Covenant on Civil and Political Rights.
Selected Decisions under the Optional Protocol
(Seventeenth to thirty-second sessions), New York, 1990.
French and Spanish versions were published in 1991.
4
International Covenant on Civil and Political Rights,
Selected Decisions under the Optional Protocol (Thirtythird to thirty ninth sessions), New York and
Geneva, 2002 (CCPR/C/OP/3).
2