Примеры использования His claim under article на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
The author does not provide any details on his claim under article 15 of the Covenant.
As a result,the Committee concludes that the author has failed to exhaust domestic remedies with respect to his claim under article 7.
The Committee considers that the author has sufficiently substantiated his claim under article 19 of the Covenant for purposes of admissibility.
In relation to his claim under article 7, the author argues that deliberately false reports have increased his author's sentences beyond what was warranted.
However, the information provided by the author has not been sufficient to substantiate his claim under article 14.
As the complainant has not substantiated his claim under article 3, his removal to his country of origin was not in breach of that provision.
The Committee considers that theauthor has sufficiently substantiated, for purposes of admissibility, his claim under article 21 of the Covenant.
With regard to his claim under article 7, the author claimed that he could not provide information relating to his personal situation in China, as he had been in the Netherlands since 2004.
The Committee considers that the author has sufficiently substantiated his claim under article 21 of the Covenant, for purposes of admissibility.
As to his claim under article 10 of the Covenant, the author refers to newspaper articles describing the situation in Australia's prisons, and adds that he was never taken seriously by the prison system.
The Committee observes that the complainant does not substantiate his claim under article 1 and does not refute the State party's arguments in this regard.
Consistent with its jurisprudence, the Committee considered that, since the author's claim under article 14 that his brother was sentenced to death after an unfair trial was declared admissible,so was his claim under article 6.
Therefore, the State party submits that the author has not substantiated,on even a prima facie basis, his claim under article 12 and that this portion of his complaint is inadmissible.
As to his claim under article 12 of the Covenant, the author reiterates that freedom of movement may be subject to restrictions only if they are necessary in order to safeguard national security and that any restrictive measure must be the least intrusive instrument amongst those which might achieve the desired result.
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.
With regard to his claim under article 17, the author submits that, as a client of Mr. A.T.M.M., he should have been accorded judicial protection from the wire tapping and recording of his telephone conversations with his lawyer, since he could not know that the latter was a suspect in criminal investigations.
The State party concludes that the author has failed sufficiently to substantiate his claim under article 25(b), which should therefore be held inadmissible under article 2 of the Optional Protocol.
However, his claim under article 26 being inadmissible because of the failure of the author to establish its applicability, it followed that his claim under article 26, read in conjunction with article 2, paragraph 3, was inadmissible ratione materiae under article 3 of the Optional Protocol.
The Committee considers that the author has sufficiently substantiated his claim under article 19 of the Covenant, for purposes of admissibility, declares it admissible and proceeds to its examination on the merits.
The State party concludes that the author cannot claim to be a victim within the meaning of article 1 of the Optional Protocol and that his claim under article 26 is therefore inadmissible ratione personae.
In the circumstances, the Committee considers that the author has failed to substantiate his claim under article 14 of the Covenant, for purposes of admissibility, and the claim is accordingly inadmissible under article 2 of the Optional Protocol.
In respect of his claim under article 19, the author contends that by virtue of his conviction for contempt of court,his freedom of expression has been subjected to such restrictions that he can no longer write about public hearings in open court and refer to documents in the public domain, for fear of yet again being in contempt of court.
By submissions of 31 July 2008 and 2 December 2008, the author noted,with regard to his claim under article 17 of the Covenant, that it was not possible to address a breach of family life under Dutch asylum law.
Concerning his claim under article 14, the author cites the State party's obligations under article 14, paragraph 3, in particular paragraph 3(g), and submits that an honest answer to the questions put by the DIAC would require disclosure of his involvement in political activities which are deemed illegal under Chinese law.
The author contends that he has exhausted all available and effective domestic remedies in relation to his claim under article 19 of the Covenant, and that no remedies exist in relation to his claim under article 14 of the Covenant see para. 3.2 below.
He reiterates his claim under article 2, read alone and/or in conjunction with articles 26, 25(c), and 19, that the State party failed to ensure the application of his rights in an equal manner and without distinction of any kind, and failed to provide him with an effective remedy in relation to the violation of articles 26, 25(c), and 19.
On 25 July 2006, the State party submitted its observations on the admissibility and, subsidiarily, on the merits of the complaint, arguing that the complainant has failed to exhaust all available domestic remedies, as he did not appeal the decisions of the Immigration and Refugee Board or of the PRRA officer,and that in any event, his claim under article 3 of the Convention is without merit and fails even to rise to the minimum level of substantiation required for purposes of admissibility.
The Committee notes that the author's claim under article 7 is closely linked to his claim under article 24, namely, the treatment he may have been subjected to as a child had the deportation order been implemented at the time where it was adopted.
With regard to the State party's argument that his claim under article 26 is unsubstantiated, the author submits that, even though the special provisions concerning the deprivation and lowering of military ranks of professional soldiers and the granting of academic degrees, which are made by administrative decision, are not applicable to his case, the legislation precluding policemen from appealing decisions on their appointment or non-appointment to a higher service rank is in itself discriminatory.
With regard to the argument of the State party that his claim under article 27 is manifestly illfounded, the author argues that denying the spelling of his name in his mother tongue is detrimental to his identity, as the name no longer reflects his ethnic origin.