6.4 With regard to the exhaustion of domestic remedies, the State party submits that:
If, on entering the national territory, the author had intended to seek a means of remaining in the country with some
kind of status as a migrant, the correct procedure would have been to apply to the courts to invalidate the expulsion order,
proving that this decision on the part of the Directorate-General for Migration and Aliens' Affairs was not legally correct. For this
purpose the author had normal remedies available, and could have filed an administrative petition in accordance with article 49
of the Political Constitution and article 20 of the Act Regulating Administrative Jurisdiction, No. 3667 of 12 March 1966 .
This was not the procedure chosen by the author... With his communication to the Human Rights Committee, Mr. [R.
C.] is endeavouring to cancel his detention, which is a precautionary measure and the consequence and result of the deportation
order issued by the competent authorities, instead of endeavouring to have the order reversed by means of the remedies provided
by law, which he has not used.
7.1 On 27 December 1988, the author commented on the State party's submission, pointing out that the
exhaustion of domestic remedies in his case would be "highly technical, slow and expensive", whereas international
human rights law only requires the exhaustion of remedies that are adequate and effective. According to him, the
only effective remedy in his case would have been a successful action of habeas corpus which the Supreme Court of
Costa Rica had denied. The author therefore contends that effective remedies have been exhausted.
7.2 With respect to the State party's argument that the only reason for the author's detention is to assure his
deportation, the author complains that such detention has proved disproportionate and indefinite.
8.1 Before considering any claims in a communi-cation, the Human Rights Committee must, in accordance with
rule 87 of its provisional rules of procedure, decide whether or not it is admissible Under the Optional Protocol to the
Covenant.
8.2 Article 5, paragraph 2 (a), of the Optional Protocol precludes the Committee from considering a
communication if the same matter is being examined under another procedure of international investigation or
settlement. In this connection the Committee has ascertained that the same matter is not being examined under
another procedure of international investigation or settlement.
8.3 Article 5, paragraph 2 (b), of the Optional Protocol precludes the Committee from considering a
communication unless domestic remedies have been exhausted. In this connection the Committee notes that the State
party has indicated that administrative and judicial remedies are still available to the author that he could still file an
administrative petition to invalidate the expulsion order, and, unsuccessful, could apply to the courts for review. The
author's belief that these remedies would be highly technical, slow and expensive does not absolve him from the
requirement of at least engaging the relevant procedures.
8.4 The Committee has also examined whether the conditions of articles 2 and 3 of the Optional Protocol have
been met. With regard to a possible breach of article 9 of the Covenant, the Committee notes that this article
prohibits arbitrary arrest and detention. The author was lawfully arrested and detained in connection with his
unauthorized entry into Costa Rica. The Committee observes that the author is being detained pending deportation
and that the State party is endeavouring to find a host country willing to accept him. In this connection, the
Committee notes that the State party has pleaded reasons of national security in connection with the proceedings to
deport him. It is not for the Committee to test a sovereign State's evaluation of an alien's security rating. With respect
to a possible violation of article 14 of the Covenant, a thorough examination of the communication has not revealed
any facts in substantiation of the author's claim to be a victim of a violation of this article.
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