Примеры использования Declared inadmissible under article на Английском языке и их переводы на Русский язык
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Therefore, this part of the complaint should also be declared inadmissible under article 2 of the Optional Protocol.
Only communications declared inadmissible under article 3 of the Optional Protocol were exempt from that procedure but, in some cases, the Special Rapporteur on new communications had cited article 2 as the grounds for inadmissibility.
Consequently, this part of the complaint should be declared inadmissible under article 2 of the Optional Protocol.
In the absence of any detailed information in substantiation of these allegations, it considered that the author has failed sufficiently to substantiate these claims, for purposes of admissibility, andthis part of the communication was declared inadmissible under article 2 of the Optional Protocol.
The State party concludes that the communication should be declared inadmissible under article 3 of the Optional Protocol.
With the exception of the parts declared inadmissible under article 2 of the Optional Protocol, the Committee declares the rest of the communication admissible, insofar as it appears to raise issues under articles 2, paragraph 3; 7; 9; 12; 17 and 23 of the Covenant.
Accordingly, the part of the communication related to that alleged victim was declared inadmissible under article 1 of the Optional Protocol.
The communication should therefore be declared inadmissible under article 4(2)(c) of the Optional Protocol as manifestly ill-founded and unsubstantiated.
This part of the communication was therefore insufficiently substantiated and declared inadmissible under article 2 of the Optional Protocol.
Claims involving the reevaluation of facts and evidence have thus been declared inadmissible under article 2 of the Optional Protocol. This was true for cases Nos. 996/2001(Stolyar v. the Russian Federation), 1039/2001(Zvozskov et al. v. Belarus), 1057/2002(Kornetov v. Uzbekistan) and 1391/2005 Rodrigo v. Spain.
Inasmuch as the author's claims related to the review and the evaluation of evidence,the communication was declared inadmissible under article 3 of the Optional Protocol.
Consequently, this part of the communication must be declared inadmissible under article 3 of the Optional Protocol because it is incompatible with the provisions of the Covenant.
For those reasons,the Committee cannot agree with the State party's argument that the communication should be declared inadmissible under article 1 of the Optional Protocol.
He could not imagine a scenario where communications declared inadmissible under article 2 of the Optional Protocol could be said to fall into one of those categories.
Consequently, the Committee considers that this part of the complaint has not been adequately substantiated, andmust be declared inadmissible under article 2 of the Optional Protocol.
As such, these two parts of the communication should also be declared inadmissible under article 1 of the Optional Protocol, as the author lacks the standing of a victim to the extent of these allegations.
According to the State party, the communication is therefore unsubstantiated with respect to article 13 andshould be declared inadmissible under article 2 of the Optional Protocol.
The State party argues that the communication should be declared inadmissible under article 1 of the Optional Protocol on the grounds that Carlos Julio Manzano is not authorized to act on behalf of those two persons and does not submit any proof of why the alleged victims are unable to file a complaint in their own name.
The State party concludes that the above-mentioned claims are an abuse of the right of submission(manifestement abusif), andshould be declared inadmissible under article 3 of the Optional Protocol.
The Committee notes the State party's argument that the communication shall be declared inadmissible under article 4, paragraph 1, of the Optional Protocol for non-exhaustion of domestic remedies, because the author did not submit complaints on conditions of her detention to the administration of the IVS facility or the Ministry of the Interior.
Communications Nos. 477/1991(J. A. M. B.-R. v. the Netherlands) and 567/1993(Ponsamy Poongavanam v. Mauritius) were also,inter alia, declared inadmissible under article 1 of the Optional Protocol.
The Committee takes note of the State party's allegations that the communication must be declared inadmissible under article 2 and article 5, paragraph 2(b), of the Optional Protocol because the author did not exhaust the remedies available to him in the ordinary labour courts and that the complaints have not been sufficiently substantiated.
The State party concludes that since Mr. Cox has failed to substantiate, for purposes of admissibility, his allegations,the communication should be declared inadmissible under article 2 of the Optional Protocol.
The State party also argues that the communication should be declared inadmissible under article 2 of the Optional Protocol, on the grounds that the authors want the Committee to act as a fourth instance and review facts and evidence already considered by the domestic courts, in order to prevent execution of the criminal conviction and payment of the fine through the sale of their property.
The Committee therefore considered that the author had failed to demonstrate that he was a victim for purposes of the Covenant andhis claim was declared inadmissible under article 1 of the Optional Protocol.
The other, more serious, problem was that the non-transmittal to the States parties concerned of communications declared inadmissible under article 2 might constitute a violation of article 4, paragraph 1, of the Optional Protocol, pursuant to which the Committee must bring any communications submitted to it to the attention of the State Party alleged to be violating any provision of the Covenant.
The State party adds that the author's claims under article 14, paragraph 3(c), of the Covenant are unsubstantiated, andthe communciation must be also declared inadmissible under article 2 of the Optional Protocol.
The Committee takes note of the submissions of the State party to the effect that the communication should be declared inadmissible under article 2 of the Optional Protocol inasmuch as the author and her son cannot claim to be victims in the light of the judgement of the Eastern High Court dated 14 January 2013, in which the Court upheld the lower court's decision and ruled that the child was to take up domicile with the author.
On the basis of the foregoing, the State party concludes that the communication is clearly unfounded and constitutes an improper use of the Covenant, andshould therefore be declared inadmissible under article 3 of the Optional Protocol.
For that reason, the State party argues that the communication should also be declared inadmissible under article 4(2)(c) of the Optional Protocol as not sufficiently substantiated.