respect to that party.
The communication should therefore be declared inadmissible ratione temporis.
4.3 As to the inquiries into the disappearance of the author's three children, the State party refers to the
CONADEP investigations, which, unfortunately did not yield positive results. In this connection, the State party cites
the CONADEP final report, which concerns over 8,900 disappearances.
4.4 The case of the author's children was also submitted to the United Nations Working Group on Enforced or
Involuntary Disappearances on 13 August 1980. The State party's investigations in this respect failed to establish the
whereabouts of the author's children, or when and where they were deprived of their lives.
4.5 With regard to the possibility of instituting civil proceedings for compensation, the State party points out
that although the author could have presented a claim, she did not do so. The delay, under the statutory time-limit,
for lodging civil actions for compensation has now elapsed.
Issues and proceedings before the Committee
5.1 Before considering any claims presented in a communication, the Human Rights Committee must, in
accordance with rule 87 of its rules of procedure, decide whether or not it is admissible under the Optional Protocol
to the Covenant.
5.2 With regard to the application ratione temporis of the International Covenant on Civil and Political Rights
and of the Optional Protocol for Argentina, the Committee recalls that both instruments entered into force on 8
November 1986. It observes that the Covenant cannot be applied retroactively and that the Committee is precluded
ratione temporis from examining alleged violations that occurred prior to the entry into force of the Covenant for the
State party concerned.
5.3 It remains for the Committee to determine whether there have been any violations of the Covenant
subsequent to its entry into force. The author has invoked article 2 of the Covenant and claimed a violation of the
right to a remedy. In this context the Committee recalls its prior jurisprudence that article 2 of the Covenant
constitutes a general undertaking by States and cannot be invoked, in isolation, by individuals under the Optional
Protocol (M. G. B. and S. P. v. Trinidad and Tobago, communication No. 268/1987, para. 6.2, declared inadmissible
on 3 November 1989). Bearing in mind that article 2 can only be invoked by individuals in conjunction with other
articles of the Covenant, the Committee observes that article 2, paragraph 3 (a), of the Covenant stipulates that each
State party undertakes "to ensure that any person whose rights or freedoms as herein recognized are violated shall
have an effective remedy ..." (emphasis added). Thus, under article 2 the right to a remedy arises only after a
violation of a Covenant right has been established. However, the events which could have constituted violations of
several articles of the Covenant and in respect of which remedies could have been invoked, occurred prior to the
entry into force of the Covenant and of the Optional Protocol for Argentina. Therefore, the matter cannot be
considered by the Committee, as this aspect of the communication is inadmissible ratione temporis.
5.4 The Committee finds it necessary to remind the State party that it is under an obligation, in respect of
violations occurring or continuing after the entry into force of the Covenant, to investigate alleged violations
thoroughly and to provide remedies where applicable for victims or their dependants.
71
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