Примеры использования Failed to avail на Английском языке и их переводы на Русский язык
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He failed to avail himself of either such remedy, although he had every opportunity to do so.
Thus, the author had been fully aware of his rights but had failed to avail himself of them.
In the instant case the author failed to avail himself of the avenue of judicial review against the negative post-claim determination decision.
The author has not applied to the Office of the Procurator-General under the supervisory review procedure and hence has failed to avail himself of such a remedy.
The State party indicates that the author failed to avail himself of an available remedy at the domestic level.
This action, however, should have been initiated within six months after the injury suffered, butthe author has failed to avail herself of these proceedings.
Since the author thus failed to avail himself of a remedy which was available to him, the State party denies that a violation has taken place.
According to the State party, most of the complainants failed to avail themselves of any or all of these remedies.
As the author failed to avail himself of these remedies, the State party concludes that the communication is inadmissible under article 5, paragraph 2(b), of the Optional Protocol.
According to the State party,the complainant had failed to avail of this remedy and had thus failed to exhaust domestic remedies.
The author has not applied to the Office of the Procurator-General under the supervisory review procedure and hence has failed to avail himself of such a remedy.
The petitioner submits that the State party may also argue that she has failed to avail herself of the opportunity to have her case examined under the supervisory review procedure.
Since the author failed to avail himself of the opportunity to have those issues dealt with on appeal, he cannot now argue that the judge's directions constitute a breach of article 14.
The Committee took note of the State party's argument that the author failed to avail himself of the relief offered by the Compensation relating to Torture Act.
Since the author failed to avail himself of this remedy, the State party argues that his claim under article 26 is inadmissible for failure to exhaust domestic remedies.
In a submission dated 30 April 1992, the State party contends that the communication remains inadmissible because the author has failed to avail himself of constitutional remedies.
In connection with the commune elections,the NEC largely failed to avail itself of the considerable powers granted to it through the Law on Election of Commune Councils.
He has failed to avail himself of the superior advantages of that material acumen, moral discrimination, and spiritual insight which are an integral part of his cosmic-mind endowment as a personal being.”.
By a note verbale of 10 October 2013, the State party reiterated its previous observations to the effect that the author had failed to avail herself of the certiorari remedy.
The bilateral partnership failed to avail itself of the opportunity to involve other United Nations organizations working in the area of private sector development.
The complainant was entitled to claim compensation for all types of damage(reimbursement of medical care costs,physical pain and suffering, etc.) but he failed to avail himself of such possibility.
As to the authors' rehabilitation, the State party explains that both authors have failed to avail themselves(by refusing to attend) of the numerous programmes concerning measures for reformation and social rehabilitation offered to them while incarcerated.
The Committee notes the State party's explanation that its criminal procedure allows for a motion for postponement of the hearing andthe granting of time to hire a lawyer, and that the author failed to avail himself of these rights.
The State party submits that the communication should be declared inadmissible, stating that domestic remedieshave not been exhausted, as the author failed to avail himself of the administrative remedy envisaged in Law No. 6/1985 on the Judiciary Ley Orgánica 6/1985 del Poder Judicial.
Further, the Committee notes that it was open to the author to appeal the decision of the Federal Court Trial Division to the FederalCourt of Appeal and that judicial review was available to the author against the negative post-claim determination decision, but that he failed to avail himself of these avenues.
In case No. 1761/2008(Giri et al. v. Nepal),the Committee took note of the State party's argument that the author failed to avail himself of the relief offered by the Compensation Relating to Torture Act.
In the first context,the State party points out that the author failed to avail himself of the means provided by domestic law that could have made it possible, had his allegations been substantiated, to remedy the violations of the Covenant which he claims before the Committee.
In disposing of a preliminary argument raised by DHL, it held first,that Bateman was not prevented from challenging the jurisdiction of the arbitrator in the High Court simply because Bateman failed to avail itself of the appeal and review processes contained in the English Arbitration Act, 1996.
In conclusion, the State party reiterates that the author had an opportunity, but failed, to avail himself of an effective domestic remedy offering reasonable prospects of success in line with the practice of the Human Rights Committee, and he had thus failed to exhaust domestic remedies, in violation of the requirements of article 5, paragraph 2(b), of the Optional Protocol.
The Committee considers that this claim is inadmissible for non-exhaustion of domestic remedies under article 5-2(b) of the Optional Protocol since, after a High Court judgement in her favour and after having been invited by the Immigration Department,the author failed to avail herself of the remedy that was offered to her.