complain to the Commission while in prison, but received no response to these replies, and that the Commission is empowered to grant “financial assistance” rather than compensation. It further observes that a civil action may not be advanced against the State without its consent, and that there are, under domestic law, extensive limitations on the ability to achieve an award against individual officers of the State. Viewing these elements against the backdrop of the author’s exclusion from entry to the Philippines, the Committee considers that the State party has failed to demonstrate that the remedies advanced are both available and effective, and that it is not precluded, under article 5, paragraph 2 (b) of the Optional Protocol, from considering the communication. that events occurring after the point that the author no longer faced a criminal charge, subsequent events fall outside the scope of article 14, paragraph 2. This claim is accordingly inadmissible ratione materiae under article 3 of the Optional Protocol. 6.6 Concerning the claim under article 14, paragraph 6, of the Covenant, the Committee, the Committee notes that the author’s conviction was reversed in the ordinary course of appellate review and not on the basis of a new or newly-discovered fact. In these circumstances, this claim falls outside the scope of article 14, paragraph 6 and is inadmissible ratione materiae under article 3 of the Optional Protocol. 6.7 In the absence of any further obstacles to admissibility, the Committee regards the author’s remaining claims as sufficiently substantiated, for purposes of admissibility, and proceeds to their examination on the merits. 6.3 The State party suggests that the Supreme Court’s decision and subsequent compensation raise issues of admissibility concerning some or all of the author’s claims. The Committee observes that the communication was initially submitted well prior to the Supreme Court’s decision in his case. In cases where a violation of the Covenant is remedied at the domestic plane prior to submission of the communication, the Committee may consider a communication inadmissible on grounds of, for example, lack of ‘victim’ status or want of a ‘claim’. Where the alleged remedy occurs subsequent to submission of a communication, however, the Committee may nevertheless address the issue whether there was a violation of the Covenant and then go to the sufficiency of the afforded remedy (see, for example, Dergachev v. Belarus).12 It follows that the Committee regards the events referred to the State party by way of remedy, as relevant to the issues of determination of the merits of a communication and an adequacy of the remedy to be granted to the author for any violations of his Covenant rights, rather than amounting to an obstacle to the admissibility of claims already submitted. Consideration of the merits 7.1 The Human Rights Committee has considered the present communication in the light of all the information made available to it by the parties, as provided in article 5, paragraph 1 of the Optional Protocol. 7.2 As to the author's claims relating to the imposition of the death penalty, including passing of sentence of death for an offence that under the law of the State party, enacted subsequent to capital punishment having once been removed from the criminal code, carried mandatory capital punishment, without allowing the sentencing court to pay due regard to the specific circumstances of the particular offence and offender, the Committee observes that the author is no longer subject to capital punishment, as his conviction and hence the imposition of capital punishment was annulled by the Supreme Court in late December 1999, after the author had spent almost 15 months in imprisonment following sentence of death. In these circumstances, the Committee considers it appropriate to address the remaining issues related to capital punishment in the context of the author’s claims under article 7 of the Covenant instead of separately determining them under article 6. 6.4 As to the claim under article 14, paragraphs 1 and 3, of the Covenant, concerning an unfair trial, the Committee observes that these claims have not been substantiated by relevant facts or arguments. Contrary to what is suggested by the author, the Supreme Court did not find the author’s trial unfair, but rather reversed his conviction after reassessment of the evidence. Consequently, this part of the communication is inadmissible under article 2 of the Optional Protocol. 7.3 As to the author’s claims under articles 7 and 10 regarding his treatment in detention and the conditions of detention, both before and after conviction, the Committee observes that the State party, rather than responding to the specific allegations made, has indicated that they require further investigation. In the circumstances, therefore, the Committee is obliged to give due weight to the author’s allegations, which are detailed and particularized. The Committee considers that the 6.5 As to the author’s claims under article 14, paragraph 2, of the Covenant concerning the presumption of innocence, the Committee observes 12 Case No. 921/2000, Views adopted on 2 April 2002, paragraph 8. 120