Justice allow the court to dispense with the hearing when the accused persistently refuses to appear before it. This type of legal procedure is justified by the fact that justice must always be done, and that the negative attitude of the accused should not obstruct the course of justice indefinitely. Comments by the author on the State party’s observations 5.1 On 28 March 2004, counsel provided a power of attorney on behalf of Abbassi Madani, dated 8 March 2004, and informs the Committee that the order for house arrest was lifted on 2 July 2003, and that he is now in Doha, Qatar. 5.2 On the admissibility of the communication, counsel points out that rule 96 (b) of the Committee’s rules of procedure allows a communication to be submitted by the individual personally or by that individual’s representative. When the communication was submitted, Abbassi Madani was still under unlawful house arrest and unable to communicate with anyone except certain members of his immediate family. The house arrest order was lifted on 2 July 2003 and Abbassi Madani drew up a special power of attorney authorizing counsel to represent him before the Committee. Counsel responds to the personal attacks by the State party against him and requests the Committee to reject them. 5.3 On the merits, the house arrest order against Abbassi Madani was lifted on the expiration of his 12-year sentence to rigorous imprisonment, i.e., on 2 July 2003. Upon his release, he suffered further violations of his civil and political rights. The initial request to enjoin the State party to comply with its international obligations by lifting the house arrest order against the petitioner becomes moot. Abbassi Madani’s detention in the conditions described in the initial communication constitutes a violation of the Covenant. Additional comments by the State party 6. On 18 June 2004, the State party noted that, while acknowledging that he is no longer a lawyer, Abbassi Madani’s representative nonetheless signs comments submitted to the Committee in that capacity. It also notes that the representative, instead of responding to the State party’s observations on the merits, gives details of his own situation, forgetting that he is acting on behalf of a third party. The State party notes the representative’s acknowledgement that Abbassi Madani is no longer subject to any restriction order and argues, accordingly, that his request to the Committee is now moot. The communication must therefore be considered unfounded and inadmissible. 138 138 Issues and proceedings before the Committee Admissibility considerations 7.1 Before considering any claim contained in a communication, the Human Rights Committee must, in accordance with rule 93 of its rules of procedure, decide whether or not the communication is admissible under the Optional Protocol to the Covenant. 7.2 The Committee has ascertained that the same matter is not being examined under another procedure of international investigation or settlement for purposes of article 5, paragraph 2 (a), of the Optional Protocol. 7.3 On the question of the validity of the power of attorney submitted by counsel, the Committee recalls: “Normally, the communication should be submitted by the individual personally or by that individual’s representative; a communication submitted on behalf of an alleged victim may, however, be accepted when it appears that the individual in question is unable to submit the communication personally.”8 In the present case, the representative stated that Abbassi Madani had been placed under house arrest on the date of the submission of the initial communication, and that he was only able to communicate with members of his immediate family. The Committee therefore considers that the power of attorney submitted by counsel on behalf of Abbassi Madani’s son was sufficient for the purposes of registering the communication. 9 Furthermore, the representative subsequently provided a power of attorney signed by Abbassi Madani, expressly and unequivocally authorizing him to represent him before the Committee in the case in question. The Committee therefore concludes that the communication was submitted to it in accordance with the rules. 7.4 As far as the complaints under articles 9, 12, 14 and 19 of the Covenant are concerned, in this case, the Committee considers that the facts as described by the author are sufficient to substantiate the complaints for the purpose of admissibility. It therefore concludes that the communication is admissible under the aforementioned provisions. 7.5 As for the decision to sentence Abbassi Madani in absentia to 12 years’ rigorous imprisonment, the Committee, noting that the author only cites this matter when setting out the facts and does not take it up again when stating his complaint or respond to the detailed explanations furnished by 8 Rule 96 (b), rules of procedure of the Human Rights Committee (CCPR/C/3/Rev.8). 9 See for example communication No. 699/1996, Maleki v. Italy, Views adopted on 15 July 1999, submitted by Kambiz Maleki on behalf of his father, Ali Maleki.