Примеры использования Is unreasonably prolonged на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
This rule shall not apply where the application of the remedies is unreasonably prolonged.
She adds that the application of domestic remedies is unreasonably prolonged, whereas judicial decisions are enforced immediately after the person concerned is notified of them.
In the circumstances, the Committee should conclude that the remedy is unreasonably prolonged.
How is the Committee going to judge that the other international procedure is unreasonably prolonged, knowing that, due to the objective circumstances, most of them take a long period of time?
This shall not be the rule where the application of such remedies is unreasonably prolonged.
Where this is not possible or resolution is unreasonably prolonged, conflicts and disputes may be submitted to competent international bodies agreed to by indigenous and states parties concerned.
However, this shall not be the rule where the application of the remedies is unreasonably prolonged;
Thus, the Committee considers that the application of the remedies is unreasonably prolonged within the meaning of article 5, paragraph 2(b), of the Optional Protocol and that it is not precluded from examining the communication on this ground.
In our opinion it follows that under all the circumstances of the case the application of domestic remedies is unreasonably prolonged.
We take note of the authors' allegation that this procedure is unreasonably prolonged and unlikely to bring effective relief.
The author recalls the Committee's jurisprudence, according to which a delay of over three years for the adjudication of a case at first instance is unreasonably prolonged.
This shall not be the rule where the application of such remedies is unreasonably prolonged or unlikely to bring effective relief.
Regarding the exhaustion of domestic remedies,the authors allege that the use of the procedure under article 61-1 of the Civil Code is unreasonably prolonged.
That the individual has exhaustedall available domestic remedies. However, this shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention.
The rule also provides that the Committee is not precluded from examining a communication if it is established that the application of the remedies in question is unreasonably prolonged.
Lastly, the complainant maintains that in her case the rule of the exhaustion of domestic remedies does not apply since the application of domestic remedies is unreasonably prolonged, whereas judicial decisions are enforced immediately after the person concerned is notified of them.
The rule also provides that the Committee is not precluded from examining a communication if it is established that the application of the remedies in question is unreasonably prolonged.
However, whereas article 5(3)(b) of the first Optional Protocolprovided an exception in case the application of domestic remedies is unreasonably prolonged, the draft optional protocol introduces this exception only for the procedure of international investigation or settlement.
Given the delay of 23 months before the investigation was even opened,these facts support the conclusion that the application of domestic remedies is unreasonably prolonged.
Accordingly, the State party argues that in the interests of legal certainty,the time that has elapsed since exhaustion of domestic remedies is unreasonably prolonged, and the complaint is inadmissible pursuant to article 22, paragraph 2, of the Convention and rule 107(f) of the Committee's rules of procedure.
The rule also provides that the Committee is not precluded from examining a communication if it is established that application of the remedies in question is unreasonably prolonged.
Regarding the stipulation in article 2 of the Optional Protocol, the author affirms that under article 5, paragraph 2(b),of the Protocol not all domestic remedies have to be exhausted if their application is unreasonably prolonged: he is thus perfectly entitled to apply to the Committee without having exhausted the remedy of application for judicial protection under the Constitution.
On 13 September 2011, the author submitted that article 5, paragraph 2(b),indicates that domestic remedies need not be exhausted where the application of the remedies is unreasonably prolonged.
The Committee is of the opinion that the author has not established that the application of remedies by the judicial court in the State party is unreasonably prolonged or unlikely to bring effective relief as the mere fact that the author cannot afford the legal proceedings does not, as such, without further explanation, suffice for the requirement stipulated in paragraph 1, article 4, of the Optional Protocol.
On 14 March 2008, the author notes that the requirements of article 5, paragraph 2(b),of the Optional Protocol does not apply where the application of the domestic remedies is unreasonably prolonged.
The Committee shall not consider a communication unless it has ascertained that all available domestic remedies have been exhaustedunless[it is demonstrated that] the application of such remedies is unreasonably prolonged or unlikely to bring effective relief as determined in accordance with generally recognized rules of international law.
Furthermore, in accordance with article 5, paragraph 2, of the Optional Protocol,the rule regarding the exhaustion of domestic remedies does not hold when the application of the remedies is unreasonably prolonged.
The Committee shall not consider a communication unless it has ascertained that all available domestic remedies have been exhausted unless the application of such remedies is unreasonably prolonged or unlikely to bring effective relief.
Regarding the State party's claim that the case was found inadmissible by the European Court of Human Rights because domestic remedies had not been exhausted, the author says that the Committee does not necessarily apply the same doctrine as the Court, especially given that article 5, paragraph 2(b),of the Optional Protocol does not require all domestic remedies to be exhausted if their application is unreasonably prolonged.
The Committee shall not consider a communication unless it has ascer- tained that all available domestic remedies have been exhausted unless the application of such remedies is unreasonably prolonged or unlikely to bring effective relief.