(a)
Concluded by adoption of Views
under article 5(4) of the Optional
Protocol
146
(b)
Declared inadmissible
160
(c)
Discontinued or withdrawn
85
(d)
Declared admissible but not yet
concluded
40
Pending at pre-admissibility stage
93
(e)
10.
At its fifteenth session, the Committee
decided to proceed with a separate project, the
periodical publication of a selection of its
decisions under the Optional Protocol, including
certain
important
decisions
declaring
communications admissible and other decisions
of an interlocutory nature. Volume 1 of this
series, covering decisions taken from the second
to the sixteenth session inclusive, was published
in 1985 in English.b Volume 2 covers decisions
taken under article 5(4) of the Optional Protocol
from the seventeenth to the thirty-second
session and includes all decisions declaring
communications admissible, two interim
decisions requesting additional information from
the author and State party, and two decisions
under rule 86 of the Committee’s rules of
procedure, requesting interim measures of
protection.c
8.
In its first sixteen years, the Committee
received many more than the 524 registered
communications
mentioned
above.
The
Secretariat regularly receives inquiries from
individuals who intend to submit a
communication to the Committee. Such inquiries
are not immediately registered as cases. In fact,
the number of authors who eventually submit
cases for consideration by the Committee under
the Optional Protocol is relatively small, partly
because the authors discover that their cases do
not satisfy certain basic criteria of admissibility,
such as the required exhaustion of domestic
remedies, and partly because they realize that a
reservation or a declaration by the State party
concerned may operate to preclude the
Committee’s competence to consider the case.
These observations notwithstanding, the number
of communications placed before the Committee
is increasing steadily, and the Committee’s work
is becoming better known to lawyers, researchers
and the general public. The purpose of the
Selected Decisions series is to contribute to the
dissemination of its work.
Thirty-ninth Session, Supplement No. 40 (A/39/40);
Fortieth Session, Supplement No. 40 (A/40/40); Fortyfirst Session, Supplement No. 40 (A/41/40); Fortysecond Session, Supplement No. 40 (A/42/40); Fortythird Session, Supplement No. 40 (A/43/40); Fortyfourth Session, Supplement No. 40 (A/44/40); Fortyfifth Session, Supplement No. 40 (A/45/40); Fortysixth Session, Supplement No. 40 (A/46/40); Fortyseventh Session, Supplement No. 40 (A/47/40); Fortyeighth Session, Supplement No. 40 (A/48/40).
b
Human Rights Committee, Selected Decisions under
the Optional Protocol (Second to sixteenth sessions),
New York, 1985 (United Nations publication, Sales
No. E.84.XIV.2), hereinafter referred to as Selected
Decisions, vol.1. French and Spanish versions were
published in June 1988 (CCPR/C/OP/1).
For an introduction to the Committee’s
jurisprudence from the second to the twenty-eighth
sessions, see A. de Zayas, J. Möller, T. Opsahl,
“Application of the International Covenant on Civil
and Political Rights under the Optional Protocol by
the Human Rights Committee” in German Yearbook
of International Law, vol. 28, 1985, pp. 9-64.
Reproduced by the United Nations Centre for Human
Rights as Reprint No.1, 1989.
For a more recent discussion, see A. de Zayas,
“The examination of Individual Complaints by the
United Nations Human Rights Committee under the
Optional Protocol to the International Covenant on
Civil and Political Rights” in International Human
Rights Monitoring Mechanisms, Essays in Honour of
Jakob Th. Möller, Martinus Nijhoff, 2001, pp. 67-121;
see also A. de Zayas and J. Möller, The Case Law of
the United Nations Human Rights Committee
1977-2002, A Handbook, Kluwer (forthcoming).
c
International Covenant on Civil and Political
Rights. Selected Decisions under the Optional
Protocol (Seventeenth to thirty-second sessions),
New York, 1990. French and Spanish versions were
published in 1991.
9.
The
first
step
towards
wider
dissemination of the Committee’s work was the
decision taken during the seventh session to
publish its Views: publication was desirable in
the interests of the most effective exercise of the
Committee’s functions under the Protocol, and
publication in full was preferable to the
publication of brief summaries. From the Annual
Report of the Human Rights Committee in 1979
up to the 1993 report incorporating the fortysixth session, all the Committee’s Views (146)
and a selection of its decisions declaring
communications inadmissible, decisions in
reversal of admissibility and decisions to
discontinue consideration were published in full.a
a
See Official Records of the General
Thirty-fourth Session, Supplement No. 40
Thirty-fifth Session, Supplement No. 40
Thirty-sixth Session, Supplement No. 40
Thirty-seventh Session, Supplement No. 40
Thirty-eighth Session, Supplement No. 40
Assembly,
(A/34/40);
(A/35/40);
(A/36/40);
(A/37/40);
(A/38/40);
2