Примеры использования Committee is not competent на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
The Committee is not competent to decide what would be preferable in cases like that of the present communication.
The State party further argues that the communication raises issues of facts and evidence which the Committee is not competent to determine.
The State party further argues that the Committee is not competent to consider alleged violations of rights that are not set forth in the Covenant.
To the extent that the claims involve issuesof evaluation of evidence, the State party maintains that the Committee is not competent to consider those issues.
In the case of Sandra Lovelace it follows that the Committee is not competent to express any view on the original cause of her loss of Indian status… at the time of her marriage in 1970.
The State party submits that because of this reservation andthe fact that the author is a prisoner under sentence of death, the Committee is not competent to consider the present communication.
Belarus also draws attention to the fact that the Committee is not competent to establish whether there have been violations of any international or regional instruments other than the Convention against Torture under which the Committee was established.
The State party submits that the correctness of translations is a question of fact, which has been determined by the Court of Appeal, and that the Committee is not competent to review the determination by the appeal court.
As regards(a) of the reservation,it should be pointed out that, given that the Committee is not competent to receive complaints which have been examined by another procedure of international investigation or settlement, the Federal Republic of Germany has complied by depositing the reservation with a recommendation of the Council of Europe Resolution of the Committee of Ministers(70) 17 of 15 May 1970.
With regard to the alleged violations of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women, the State party points out that the Committee is not competent to rule on such violations.
As to the State party's argument on compensation,the petitioner submits that the Complaints Committee is not competent to address questions of compensation, and accordingly does not have the facts at its disposal.
The State party contends that, as the author's claim of unfair trial is based on the contradictory nature of the evidence produced during the trial,it essentially raises issues of facts and evidence which the Committee is not competent to evaluate.
Regarding the alleged violation of article 2, paragraph 1, of the Covenant, the State party maintains that the Committee is not competent to make comments on the violation of this article, since this refers to a general commitment to respect and provide guarantees to all individuals.
As to the substance of Mr. Smith's allegations,the Committee notes with concern that the State party has confined itself to the observation that the facts relied upon by the author seek to raise issues of facts and evidence that the Committee is not competent to evaluate.
The State party recalls that it entered a reservation, upon ratifying the Optional Protocol,with regard to article 5, paragraph 2(a), to the effect that the Human Rights Committee is not competent to examine a communication if the same matter has already been considered by another procedure of international investigation or settlement.
With respect to the allegation of unfair trial, finally, the State party submits, by reference to the Committee's jurisprudence, that the facts relied upon by the author merely seek to raise issues of facts andevidence in the case, which the Committee is not competent to evaluate. a/.
Similarly, the State party claims that counsel's general claim that Australian policy of detaining boatpeople is contrary to article 9, paragraph 1, is inadmissible, as the Committee is not competent to review, in abstracto, particular government policies or to rely on the application of such policies to find breaches of the Covenant.
Moreover, the State party submits that the author's comments ignore the position that,as a matter of international law, the Committee is not competent to make binding determinations of whether the reservation is impermissible owing to incompatibility with the object and purpose of the Convention; and the State party's submissions that the reservation is, in any event, not incompatible with the object and purpose of the Convention.
In respect of the author's allegation that article 350 of the Income Tax Code was violated, the State party argues that it is for the domestic courtsto interpret the national laws and to review their application, and that the Committee is not competent to decide on a possible violation of domestic law which is not also a violation of the Covenant.
Concerning the author's arguments based on the United Nations Convention on the Rights of the Child,it is clear that the Committee is not competent to rule in that regard, under article 1 of the Optional Protocol.
It submits, therefore,that it is not obliged under article 2 of the Covenant to ensure to the author all the rights recognized in the Covenant and the Committee is not competent to receive and consider the communication under article 1 of the Optional Protocol.
India considered that the Committee was not competent to consider the situation of indigenous or tribal peoples.
The Committee was not competent to consider the matter, in conformity with the principle of the non-retroactive application of treaties.
Mr. DIACONU said the Committee was not competent to pronounce itself on the levels of autonomy each State could grant.
If, as the representative of Burundi asserted,the conflict was a political power struggle, then the Committee was not competent to deal with it.
Mexico concluded that,in that connection, it should be recalled that the Committee was not competent to take a position on the admissibility of reservations.
Mr. O'FLAHERTY was of the view that General Comment No. 32 was not conducive to raising very complex questions of lex specialis in the context of armed conflicts and that the Committee was not competent to do so.
In addition, the Committee was not competent to reply to some of the questions put to it, in particular those concerning the evaluation of the implementation of the Declaration and Programme of Action and the effectiveness of the mechanisms established for that purpose.
When the Committee considered the admissibility of this communication we were of the opinion that in the light of the State party's reservation quoted in paragraph 4.1 of the Committee's Views the Committee was not competent to consider the communication and it should therefore be declared inadmissible.
The Secretariat had been unable to determine, however, whether that consumption was consistent with earlier decisions of the Parties on laboratory andanalytical uses and, as the Committee was not competent to resolve that issue, it had decided to hold discussion of the Party's compliance in abeyance and to request the Meeting of the Parties to reach a decision on the matter.