CCPR/C/112/D/2098/2011
bodies, jurisdictional or quasi-jurisdictional, work in this fashion and that since the parties
have the opportunity to dispute the facts, there is no breach of a State’s right of defence. d
7.
The Committee is unable to explain why sometimes it does not apply the law when
States parties do not expressly invoke an article of the Covenant and sometimes it does. e To
cite merely a few examples from among many, in the following communications the
Committee applied the law, irrespective of the legal arguments of the parties: No.
1390/2005, Koreba v. Belarus, Views adopted on 25 October 2010; No. 1225/2003,
Eshonov v. Uzbekistan, Views adopted on 22 July 2010, paragraph 8.3; No. 1206/2003,
R.M. and S.I. v. Uzbekistan, Views adopted on 10 March 2010, paragraphs 6.3 and 9.2
(non-violation); No. 1520/2006, Mwamba v. Zambia, Views adopted on 10 March 2010;
No. 1320/2004, Pimentel et al. v. Philippines, Views adopted on 19 March 2007,
paragraphs 3 and 8.3; No. 1177/2003, Wenga and Shandwe v. Democratic Republic of the
Congo, Views adopted on 17 March 2006, paragraphs 5.5, 6.5 and 9; No. 973/2001,
Khalilova v. Tajikistan, Views adopted on 30 March 2005, paragraph 3.7; and No.
1044/2002, Shukurova v. Tajikistan, Views adopted on 17 March 2006, paragraph 3.
8.
It is to be hoped that in the future, the Committee will be consistent and that such
consistency will reflect a better application of the International Covenant on Civil and
Political Rights to the facts before it.
d
e
14
See Benaziza v. Algeria, individual opinion of Fabián Salvioli (partially dissenting), paras. 7 to 15.
See communications No. 1917/2009, No. 1918/2009, No. 1925/2009 and No. 1953/2010, Prutina et
al. v. Bosnia and Herzegovina, Views adopted on 28 March 2013, individual opinion of Fabián
Salvioli (partially dissenting), paras. 4 to 16.
GE.14-24393