CCPR/C/116/D/2399/2014
However, a communication may constitute an abuse of the right of submission, when it is
submitted after five years from the exhaustion of domestic remedies by the author of the
communication, or, where applicable, after three years from the conclusion of another
procedure of international investigation or settlement, unless there are reasons justifying the
delay taking into account all the circumstances of the communication.”8 The Committee
also recalls its jurisprudence according to which a communication is considered to
constitute an abuse of the right of submission when an exceptionally long period of time
has elapsed, without sufficient justification, between the relevant events in the case or the
exhaustion of domestic remedies and the submission of the communication. 9
6.6
In the case at hand, the Committee notes that the judicial activity concerning the
death of A.F.D. took place between 1986 and 1987 and that, as there were no other
effective remedies, the matter could have been submitted to the Committee subsequently —
about 30 years ago. The State party claims in general terms that the exceptional
circumstances that might have prevented the authors from submitting the communication to
the Committee ceased to exist around 1989, when they returned to live in the State party;
and that, following the signing of the peace agreement between the Government and M-19,
former combatants from that group enjoyed all their rights and even participated in political
life through the political party known as the M-19 Democratic Alliance. The Committee
notes, however, that the authors have illustrated their claims of persecution with specific
cases of M-19 members or persons associated with the group who were reportedly killed or
disappeared between 1990 and 2002, including, in 1998, J.E.U.M., who had been their legal
representative and the lawyer of their family member; and that the State party has not
explicitly contested these claims. Moreover, between 2000 and 2003, the authors again left
the State party to reside in other countries, either as refugees or under international
protection. That being said, the Committee notes that the authors have not convincingly
explained what was preventing them from submitting a communication to the Committee
after 2004, even if they were outside the country. Notwithstanding the seriousness of the
facts on which the authors’ complaints are based, the Committee is of the view that, in the
absence of such explanations, and given that the relevant events in the case took place in
1986, the late submission of the communication has not been sufficiently justified and
constitutes an abuse of the right of submission. Thus, the Committee concludes that the
communication is inadmissible under article 3 of the Optional Protocol.
7.
The Committee therefore decides:
(a)
Protocol;
That the communication is inadmissible under article 3 of the Optional
(b)
That this decision shall be transmitted to the State party and to the authors of
the communication.
8
9
GE.16-11906
This rule applies to communications received by the Committee after 1 January 2012.
See communication No. 1434/2005, Fillacier v. France, decision of inadmissibility of 27 March 2006,
para. 4.3, and communication No. 1849/2008, M.B. v. Czech Republic, decision of inadmissibility of
29 October 2012, para. 7.4.
11