CCPR/C/120/D/2705/2015
not been exhausted regarding his claims under articles 7 and 14 (3) (b), and that his claims
under article 14 of the Covenant concern review of the evaluation of facts and evidence by
the national courts.
6.4
The Committee notes that there are no fixed time limits for submission of
communications under the Optional Protocol and that mere delay in submission does not of
itself involve abuse of the right of communication. 1 However, in certain circumstances, the
Committee expects a reasonable explanation justifying a delay. 2 In the present case, the
communication was submitted to the Committee with a notable delay of nine years after the
author’s first supervisory review appeal was rejected by the Supreme Court in August 2006
and seven years after his last appeal was rejected by the Office of the Prosecutor General in
August 2008. The Committee takes note of the author’s explanation that while in prison he
had no knowledge of the individual complaint procedure under the Covenant and no means
to submit a complaint to the Committee. The Committee observes, however, that there is
nothing in the submission to suggest that the author was limited in contacting the outside
world from prison, especially taking into account the complaints to the domestic authorities
submitted by him while in prison. The Committee also notes that the author was
represented by lawyers retained by his family throughout the judicial proceedings,
including while he was in prison. It also notes that the author submitted his communication
to the Committee more than three years after his release in 2012. The Committee thus
considers that the author has failed to provide a convincing explanation for the delay in
submission. In the absence of such explanation, the Committee considers that submitting
the communication after such a long lapse of time should be regarded as an abuse of the
right of submission, and finds the communication inadmissible under article 3 of the
Optional Protocol and rule 96 (c) of the Committee’s rules of procedure.
6.5
Having come to that conclusion, the Committee decides not to examine the
remainder of the State party’s claims concerning admissibility of the communication.
7.
The Committee therefore decides:
(a)
Protocol;
(b)
1
2
4
That the communication is inadmissible under article 3 of the Optional
That the decision shall be communicated to the State party and to the author.
See communication No. 1445/2006, Polacková and Polacek v. Czech Republic, Views adopted on 24
July 2007, para. 6.3.
See, for example, communications No. 787/1997, Gobin v. Mauritius, decision of inadmissibility
adopted on 16 July 2001, para. 6.3; and No. 1434/2005, Fillacier v. France, decision of
inadmissibility adopted on 27 March 2006, para. 4.3.