Communication No. 60/1979
Submitted by: J. J. on 14 July 1979
Alleged victim: The author
State party: Denmark
Date of decision on inadmissibility: 26 March 1980 (ninth session)
sions of the Danish authorities concerned in the case.
The author's complaint is directed against the refusal of
the Ombudsman to censure the decision of the Ministry
of Justice.
Inadmissibility ratione materiae
The author of the communication (dated 14 July
1979) is a Danish citizen residing in Denmark. He states
that on 1 November 1970 he contracted to buy an
eleven-year-old car for DKr 500. He subsequently
sought to invalidate the purchase and applied for leave
to file a civil suit free of costs. His application was
refused by the district authority and the Ministry of
Justice also rejected an application to reverse the deci
sion of the district authority. He then submitted the
matter to the Parhamentary Ombudsman. The latter
found no circumstances meriting censure of the deci
The Human Rights Committee, after careful ex
amination of the communication, is of the opinion that
the communication does not reveal any evidence of
violation of the Covenant by the Danish authorities.
The Human Rights Committee therefore decides:
The communication is inadmissible.
TENTH SESSION
Communication No. 72/1980
Submitted by: K. L. on 4 April 1980
Alleged victim: The author
State party: Denmark
Decision on inadmissibility: 31 July 1980 (tenth session)
Renewed application by author (see communication
No. 59/1979)—Taxation—Unsubstantiated
allega
tions—Abuse of right of submission—Exhaustion of
domestic remedies
The Committee notes that the matters complained of
had their origin in the assessment of the author's taxes
for the years 1974 and 1975, that is, prior to the entry in
to force of the Covenant and the Optional Protocol for
Denmark on 23 March 1976. This, in itself, does not bar
the Committee from examining the claim that the deci
sion of the Danish State Tax Court, rendered on 3
March 1980, constituted a breach of articles 14 (1) and
26 of the Covenant.
Articles of Optional Protocol: 3 and 5 (2) (b)
The author of the communication, dated 4 April
1980, K. L., Denmark, complains that a decision con
cerning him, rendered by the Danish State Tax Court on
3 March 1980, runs counter to articles 14 (1) and 26 of
the International Covenant on Civil and Political
Rights. The complaint has its origin in the assessment by
the Danish tax authorities of the author's taxable in
come for the year 1974, for which he had not filed a tax
return. He was informed of the assessment on 12
January 1976.
However, before considering any claim on the merits,
the Committee must decide whether the conditions for
admissibility, as laid down in articles 3 and 5 of the Op
tional Protocol, have been fulfilled, including the condi
tion that domestic remedies have been exhausted.
In this connection the Committee takes into account:
(a) That a similar complaint from the author, re
garding alleged violations of the Covenant in connec
tion with the assessment of his taxable income for the
year 1976, and subsequent adjudication of his com
plaints relating thereto, has previously been declared in
admissible under the Optional Protocol as devoid of any
substantiation;'
(b) That the present complaint is similarly devoid of
any substantiation of facts or law; and
The author filed a complaint with the State Tax Court
on 17 May 1979, which, on 3 March 1980, dismissed the
claim as out of time, on the ground that the time limit
for filing such complaint under Danish law is four
weeks.
The author also claims that he had complained about
the assessment of his taxable income for the year 1975,
without the court pronouncing itself on that issue. In a
further letter, dated 29 April 1980, he specifically men
tions that he intends to pursue further domestic
remedies in the matter complained of in the present
communication.
' See the decision concerning communication N o . 5 9 / 1 9 7 9 , p. 24
above.
26
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