4.1 In its submission under rule 91, dated 31 October 1988, the State party objects to the admissibility of the communication under article 3 of the Optional Protocol by virtue of incompatibility with the provisions of the Covenant and as an abuse of the right of submission and, under article 5, paragraph 2 (b), of the Optional Protocol, because the author has not exhausted all available domestic remedies. 4.2 With regard to the facts, the State party points out that the authors possesses no documents accrediting him as a citizen of any country, and therefore considers himself to be stateless. There are indications that he may have been born in Mexico, but there is no evidence to confirm this. He took an active part in the revolutionary struggle in Nicaragua, which culminated in the overthrow of the regime by the Sandinistas and the establishment of the Government of the Sandinista National Liberation Front. He was also involved in guerrilla activities, alternately in El Salvador and Honduras, and also in Nicaragua, between 1978 and 1981. He has been linked with the Sandinista National Liberation Front and is known among Central American guerrillas by the alias of "Commander Sarak". 4.3 In July 1982, he entered Costa Rican territory clandestinely and without documents. He never took any steps to obtain migrant status in Costa Rica. However, he did try to obtain papers identifying him as a refugee through the Regional Office of the United Nations High Commissioner for Refugees (UNHCR) in Costa Rica, by using false documents. He was arrested in Costa Rican territory together with other aliens in 1982, in the city of Liberia, armed with an M-23 sub-machine-gun and ammunition, and his papers confiscated, including documents implicating him in a terrorist plan to attack the Guatemalan Embassy at San José, in order to take diplomats hostage and subsequently to demand a cash ransom as well as the release and granting of amnesty to Guatemalan political prisoners and their transfer to Mexico. 4.4 He was tried and sentenced by the Costa Rican court in 1982 on two charges of "ideological falsehood" and one charge of the use of false documents, and sentenced to two years' imprisonment. On completion of his sentence, the Costa Rican authorities ordered his deportation, and this subsequently took place after considerable efforts to find a country that would agree to take him. It was finally possible to deport him to Honduras on 1 October 1985, and he was then banned from entering the national territory. 4.5 Subsequently, although it is not known exactly when, he re-entered Costa Rican territory clandestinely and illegally. He was again arrested by the Costa Rican authorities on 24 November 1987 and immediately, in a decision taken on 25 November 1987, the Directorate-General for Migration and Aliens' Affairs again ordered his deportation, since he was illegally in the country, had previously been deported and had a criminal record that marked him out as a dangerous person and a threat to national security and public order. He was detained until a country could be found that would agree to take him. The State party points out that it has approached the consulates and embassies of numerous friendly countries, thus far without success, and that it is continuing its endeavours to find a receiving country. 5.1 The State party further observes that the author committed the serious offence of unlawful association prejudicial to the public peace. For this offence, the Second Higher Criminal Court, First Section, of San José, in a judgement handed down on 7 December 1982, sentenced him to two years' imprisonment. 5.2 From the above judgement it emerges that the following was proved in the proceedings: (a) The author received political and military instruction in the Republic of Cuba and, at the time when the offence was committed, was part of a guerrilla commando known as the "Ernesto Che Guevara Commando", in which he was known as "Commander Sarak". 75