official language in judicial proceedings, the use of Breton must be considered to be permissible.
7.3 With respect to article 19, paragraph 2, the author contends that freedom of expression cannot be limited to
freedom to express oneself in French, and that freedom of expression for citizens of Breton mother tongue can only
mean the freedom to express themselves in Breton. Furthermore, the refusal of the Administrative Tribunal to
register his complaint is said to have been intended to restrict his freedom of expression, although the limitations laid
down in paragraph 3 of article 19 are said to be inapplicable.
7.4 The author dismisses the State party's arguments concerning an alleged violation of article 26 and claims
that a proper administration of justice would not rule out the use of Breton in court. He recalls that several States,
including Switzerland and Belgium, allow the use of several languages before their courts and do not force their
citizens to abandon the use of their mother tongue. The refusal to register his complaint, according to the author,
constitutes discrimination on the ground of language, since French citizens of Breton mother tongue do not benefit
from the same procedural guarantees before the tribunal as French citizens of French mother tongue.
7.5 Finally, the author indicates that France did not enter a "reservation" with respect to article 27 but contented
itself with making a mere "declaration". The author points out that draft legislation supported by many
parliamentarians acknowledges the various languages spoken in France as testimony to the singular character of a
region or a community. To the author, there can be no doubt that the Breton community constitutes a linguistic
minority within the meaning of article 27, entitled to enjoy the right to use its own language, including in the courts.
8.1 Before considering any claims presented in a communication, the Human Rights Committee must, pursuant
to rule 87 of its rules of procedure, decide whether or not it is admissible under the Optional Protocol to the
Covenant.
8.2 Article 5, paragraph 2 (b), of the Optional Protocol precludes the Committee from considering any
communication by an individual who has failed to exhaust all available domestic remedies. This is a general rule,
which applies unless the remedies are unreasonably prolonged, or the author of a communication has convincingly
demonstrated that domestic remedies are not effective, i. e. do not have any prospect of success.
8.3 On the basis of the information before the Committee, there are no circumstances which would absolve the
author from attempting to pursue all domestic remedies. He has not been criminally prosecuted but seeks to initiate
proceedings before an administrative court to establish that he has been denied rights protected by the Covenant. The
purpose of article 5, paragraph 2 (b), of the Optional Protocol is, inter alia, to direct possible victims of violations of
the provisions of the Covenant to seek, in the first place, satisfaction from the competent State party authorities and,
at the same time, to enable States parties to examine, on the basis of individual complaints, the implementation,
within their territory and by their organs, of the provisions of the Covenant and, if necessary, remedy the violations
occurring, before the Committee is seized of the matter.
8.4 It remains to be determined whether recourse to the French courts must be considered an unavailable or
ineffective remedy, given that the author must use French to establish his claim that it is a violation of his rights
under the Covenant to have to use French, rather than Breton, in legal proceedings. The Committee observes that the
matter of the exclusive use of French to institute proceedings in courts is the issue to be examined at first instance by
the French judicial organs and that, under the applicable laws, this can be done only by using French. In view of the
fact that the author has demonstrated his proficiency in French, the Committee finds that it would not be
unreasonable for him to submit his claim in French to the French courts. Further, no irreparable harm would be done
to the author's substantive case by using the French language to pursue his remedy.
8.5 The author has also invoked article 27 of the Covenant claiming that he has been a victim of a breach of its
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