Примеры использования Inadmissible under articles на Английском языке и их переводы на Русский язык
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Consequently, the author's claims are inadmissible under articles 2 and 3 of the Optional Protocol.
This aspect of the communication falls outside the scope of the Optional Protocol ratione materiae and ratione personae, respectively, andmust be declared inadmissible under articles 1 and 3 of the Optional Protocol.
In A.R.S. v. Canada, for example,the Committee found a communication inadmissible under articles 1 and 2 of the Optional Protocol on the grounds that it was merely hypothetical.
In these circumstances, the Committee is of the view that the authors' claim has not been substantiated for purposes of admissibility, andthe communication is therefore inadmissible under articles 2 and 5, paragraph 2(b), of the Optional Protocol.
Therefore, it declares this part of the communication inadmissible under articles 2 and 5, paragraph 2(b), of the Optional Protocol, for lack of substantiation and for failure to exhaust domestic remedies.
In the light of those considerations,the Committee concluded that the communication was inadmissible under articles 1 and 2 of the Optional Protocol.
It also requested the Committee to declare the communication inadmissible under articles 2 and 3 of the Optional Protocol, as the author's allegations are incompatible with the provisions of the Covenant and not sufficiently substantiated.
Consequently, the Committee considers that this part of the communication is inadmissible under articles 2 and 3 of the Optional Protocol.
It contends that the communication is inadmissible under articles 2 and 3 of the Optional Protocol because the author has not exhausted domestic remedies and because the communication constitutes an abuse of the right to submit communications.
The State party therefore considers that the communication is inadmissible under articles 2 and 3 of the Protocol.
For the State party,the communication is also inadmissible under articles 2 and 3 of the Optional Protocol, as the author did not substantiate his sweeping allegations and because some of his claims are incompatible ratione materiae with the provisions of the Covenant.
I do not agree with the Committee's decision to declare this communication inadmissible under articles 1, 2 and 3 of the Optional Protocol.
The State party further submits that the author's complaint under article 17 should be held inadmissible under articles 1 and 2 of the Optional Protocol as incompatible ratione personae, as the author failed to demonstrate that he was a"victim" of a violation of article 17 of the Covenant.
It therefore considers that the author has no actual grievance to claim under article 25 of the Covenant andthat his claim is inadmissible under articles 1 and 2 of the Optional Protocol.
On 23 May 2003, the State party challenged the admissibility of the communication,arguing that it is inadmissible under articles 1 and 5, paragraph 2(b), of the Optional Protocol insofar as the fourth author is concerned.
The State party also maintains that the author's assertion that he is at risk of being treated in a manner that would amount to a breach of the Covenant fails to attain the basic level of substantiation required for purposes of admissibility;therefore the communication is manifestly unfounded and inadmissible under articles 2 and 3 of the Optional Protocol.
The Committee therefore finds any claim of ill-treatment by the police inadmissible under articles 2, and 5, paragraph 2(b) of the Optional Protocol.
The State party also maintains that the author's assertion that he is at risk of being treated in a manner that would amount to a breach of the Covenant fails to attain the basic level of substantiation required for purposes of admissibility;therefore the communication is manifestly unfounded and inadmissible under articles 2 and 3 of the Optional Protocol.
In its written submissions of 30 April and4 August 2005, the State party argues that the communication should be declared inadmissible under articles 2 and 3 of the Optional Protocol, for failure to exhaust domestic remedies and because it is manifestly unfounded and an abuse of the right to submit communications.
In the light of these considerations,the Committee concludes that the communication before it is inadmissible under articles 1 and 2 of the Optional Protocol.
The issues raised, therefore, are moot and the communication should be declared inadmissible under articles 1 and 2 of the Optional Protocol.
By note verbale of 22 January 2002,the State Party submits that the communication is inadmissible under articles 2 and 3 of the Optional Protocol.
In the circumstances, the Committee considers that the author has failed to exhaust the available domestic remedies anddeclares the communication inadmissible under articles 2 and 5, paragraph 2(b), of the Optional Protocol.
However, on 22 September 2011, the European Court of Human Rights, in a decision by a single judge,considered that the author's application did not fall within the competence of the Court and that it was inadmissible under articles 34 and 35 of the Convention, without giving specific reasons for the decision.
In our opinion, however, it would have been more consistent with the Committee's jurisprudence to set aside the decision on admissibility of 3 November 1993 andto declare the communication inadmissible under articles 1 and 2 of the Optional Protocol, on grounds that the author does not meet the"victim" test established by the Committee.
They are thus inadmissible under article 2 of the Optional Protocol.
Consequently, the claim should be held inadmissible under article 3 of the Optional Protocol.
The communication is therefore inadmissible under article 1 of the Optional Protocol, insofar as it is submitted on behalf of the third author.
This part of the communication was thus considered inadmissible under article 2 of the Optional Protocol para. 3.7.
The Committee considers that this claim has been insufficiently substantiated for purposes of admissibility and declares it inadmissible under article 2 of the Optional Protocol.