CCPR/C/112/D/1989/2010 State party’s observations on admissibility 4.1 In a note verbale dated 6 January 2011, the State party conveyed, with regard to the present communication and several other communications before the Committee, inter alia, its concern about unjustified registration of communications submitted by individuals under its jurisdiction who, it considers, have not exhausted all available domestic remedies in the State party, including appealing to the Prosecutor’s Office for a supervisory review of a judgement having the force of res judicata, in violation of article 2 of the Optional Protocol to the Covenant. It submits that the present communication and several other communications were registered in violation of the provisions of the Optional Protocol; that there are no legal grounds for the State party to consider those communications; and that any decision taken by the Committee on such communications will be considered legally invalid. It further states that any references in that connection to the Committee’s longstanding practice are not legally binding on it. 4.2 By a letter of 19 April 2011, the Chair of the Committee informed the State party that, in particular, it is implicit in article 4, paragraph 2, of the Optional Protocol to the Covenant that a State party must provide the Committee with all the information at its disposal. Therefore, the State party was requested to submit further observations as to the admissibility and the merits of the case. The State party was also informed that, in the absence of observations from the State party, the Committee would proceed with the examination of the communication based on the information available to it. 4.3 By note verbale of 5 October 2011, the State party submitted, inter alia, with regard to the present communication, that it believed that there were no legal grounds for its consideration, insofar as it was registered in violation of article 1 of the Optional Protocol to the Covenant. It maintains that the author has failed to exhaust all available domestic remedies and has failed to appeal to the Prosecutor’s Office under the supervisory review procedure. 4.4 In a note verbale dated 25 January 2012, the State party submitted that upon becoming a party to the Optional Protocol, it had agreed under article 1 thereof to recognize the competence of the Committee to receive and consider communications from individuals subject to its jurisdiction, who claim to be victims of a violation by the State party of any rights protected by the Covenant. It notes, however, that that recognition was undertaken in conjunction with other provisions of the Optional Protocol, including those establishing the criteria regarding petitioners and the admissibility of their communications, in particular articles 2 and 5. The State party maintains that, under the Optional Protocol, States parties have no obligation to recognize the Committee’s rules of procedure, nor its interpretation of the provisions of the Optional Protocol, which could only be effective when done in accordance with the Vienna Convention on the Law of Treaties. It submits that, in relation to the complaint procedure, States parties should be guided first and foremost by the provisions of the Optional Protocol and that references to the Committee’s long-standing practice, methods of work and case law are not subjects of the Optional Protocol. It also submits that any communication registered in violation of the provisions of the Optional Protocol will be viewed by the State party as incompatible with the Optional Protocol and will be rejected without comments on the admissibility or merits, and any decision taken by the Committee on such rejected communications will be considered by its authorities as “invalid”. The State party considers that the present communication, as well as several other communications before the Committee, were registered in violation of the Optional Protocol. 4

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