4.1 On 22 June 1999 the Committee transmitted the communication to the
State party for comment. In its submission of 16 August 1999, the State
party contested the admissibility of the author's communication with
reference to article 22, paragraph 5 (a), of the Convention.
4.2 The State party informed the Committee that on 21 March 1999 the
author had submitted a complaint relating to his expulsion to the European
Court of Human Rights, which was registered as a case pending before the
Court on 3 May 1999. The State party submits that the Committee should
declare the communications inadmissible in accordance with the above
mentioned article, which states that the Committee shall not consider any
communication if the same matter is being, or has been examined under
another procedure of international investigation or settlement.
Author's comments on admissibility
5. On 6 September 1999, the Committee transmitted the State party's
observations regarding the question of admissibility to the author for his
comments. The author has not submitted any additional information
disputing or confirming the observations of the State party.
Issues and proceedings before the Committee
6.1 Before considering any claim in a communication, the Committee
against Torture must decide whether or not a communication is admissible
under article 22 of the Convention.
6.2 In the light of the State party's observations and the absence of response
on the part of the author thereto, the Committee has verified and assured
itself that a complaint from the author was in fact registered by the European
Court on 3 May 1999. The Committee notes that the author's
communication before it was registered on 22 June 1999, while already
pending examination under another procedure of international investigation
or settlement.
7. Accordingly, the Committee decides:
(a) That the communication is inadmissible in accordance with article 22,
paragraph 5 (a) of the Convention;
(b) That this decision may be reviewed under rule 109 of the Committee's
rules of procedure upon receipt of a request by or on behalf of the author
containing information to the effect that the reasons for inadmissibility no
longer apply;

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