Примеры использования Refers to its jurisprudence на Английском языке и их переводы на Русский язык
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In this regard, the Committee refers to its jurisprudence, where it has found a separate violation of article 6 in various instances.
It refers to its jurisprudence in another case concerning the State party, where it found that the mandatory imposition of the death penalty for aggravated robbery with use of firearms violated article 6, paragraph 2 of the Covenant.
With regard to the requirement set out in article 5, paragraph 2(b), of the Optional Protocol,the Committee refers to its jurisprudence and recalls that the determination whether or not all remedies have been exhausted is made at the time a communication is being examined.
The Committee refers to its jurisprudence where it stated that article 15, paragraph 1, requires any"act or omission" for which an individual is convicted to constitute a"criminal offence.
As to the author's claim under article 1 of the Covenant,the Committee refers to its jurisprudence that, for the purposes of a communication under the Optional Protocol, article 1 cannot on its own be the subject of a communication under the Optional Protocol.
The Committee refers to its jurisprudence that when an author has initiated a remedy before an independent tribunal on his or her own motion, the Committee requires such proceedings to be properly exhausted.
With regard to the author's claim under article 1, paragraph 2, of the Covenant,the Committee refers to its jurisprudence on the need for there to be a claim of a"people" within the meaning of article 1 of the Covenant and that article 1 cannot on its own be the subject of a communication under the Optional Protocol.
The Committee refers to its jurisprudence and recalls that, when examining complaints, it seeks to determine whether or not all remedies have been exhausted at the time that a communication is taken under consideration.
As to the claims under articles 17 and 23, the Committee refers to its jurisprudence that the removal of one or more family members from a State party to another country may, in principle, raise arguable issues under these provisions of the Covenant.
The Committee refers to its jurisprudence that deportation proceedings did not involve either,"the determination of any criminal charge" or"rights and obligations in a suit at law" within the meaning of article 14.
Turning to the substance of the communication,the Committee refers to its jurisprudence, according to which a difference in treatment under the law that acts to an individual's detriment and is not based on reasonable and objective grounds may constitute a violation of article 26.
The Committee refers to its jurisprudence, according to which both a criminal investigation and consequential prosecution are necessary remedies for violations of human rights such as those protected by article 6.
Turning to the substance of the admissibleclaim under article 26, the Committee refers to its jurisprudence that an individual may be deprived of his right to equality before the law if a provision of law is applied to him or her in arbitrary fashion, such that an application of law to an individual's detriment is not based on reasonable and objective grounds.
The Committee refers to its jurisprudence that an individual may be wrongly deprived of his right to equality before the law, if the application of a provision of law to an individual's detriment, is not based on reasonable and objective grounds.
In this regard, the Committee refers to its jurisprudence in Tofanyuk v. Ukraine, where it concluded that the Constitutional Court's decision did not establish a new penalty which would replace the death penalty.
In this respect, the Committee refers to its jurisprudence that a State party cannot be held responsible for the conduct of a defence lawyer, unless it was or should have been manifest to the judge that the lawyer's behaviour was incompatible with the interests of justice.
In this respect, the Committee refers to its jurisprudence that a State party cannot be held responsible for the conduct of a defence lawyer, unless it was, or should have been, manifest to the judge that the lawyer's behaviour was incompatible with the interests of justice.
The Committee refers to its jurisprudence and reiterates that it is generally for the courts of States parties to the Covenant to evaluate facts and evidence in a particular case, unless it can be ascertained that it was clearly arbitrary or amounted to a denial of justice.
The Committee refers to its jurisprudence and recalls that the State party may not invoke the provisions of the Charter for Peace and National Reconciliation against persons who invoke provisions of the Covenant or who have submitted or may submit communications to the Committee.
The Committee refers to its jurisprudence, according to which the author must have raised in substance at the domestic level the claim that he/she wishes to bring before the Committee so as to enable domestic authorities and/or courts to have an opportunity to deal with such a claim.
The Committee refers to its jurisprudence and recalls that, pursuant to the principle of exhaustion of domestic remedies, the complainant was only required to use remedies that were directly related to the risk of being subjected to torture in Algeria.
The Committee refers to its jurisprudence and reiterates that it is generally for the courts of States parties to the Covenant to evaluate facts and evidence in a particular case, unless it can be ascertained that it was clearly arbitrary or amounted to a denial of justice.
Finally, the Committee refers to its jurisprudence, where it has made clear that the question of whether article 27 has been violated is whether the challenged restriction has an"impact[…][so] substantial that it does effectively deny to the[complainants] the right to enjoy their cultural rights.
The Committee refers to its jurisprudence and reiterates that it is generally for the courts of States parties to the Covenant to evaluate facts and evidence in a particular case, unless it can be ascertained that it was clearly arbitrary or amounted to a denial of justice.
The Committee refers to its jurisprudence, where it stated that the right of the accused to be tried without undue delay relates not only to the time between the formal charging of the accused and the time by which a trial should commence, but also the time until the final judgment on appeal.
The Committee refers to its jurisprudence that where the European Court has gone beyond making a procedural or technical decision on admissibility, and has made an assessment of the merits of the case, then the complaint has been'examined' within the terms of the Optional Protocol, or, in this case, the State party's reservation.
The Committee refers to its jurisprudence that an individual may be deprived of his right to equality before the law if a provision of law is applied to him or her in arbitrary fashion, such that an application of law to an individual's detriment is not based on reasonable and objective grounds.
The Committee refers to its jurisprudence that, where an author has lodged renewed proceedings with the authorities that go to the substance of the claim before the Committee, the author must be held to have failed to exhaust domestic remedies as required by article 5, paragraph 2(b), of the Optional Protocol.
The Committee also refers to its jurisprudence, where it stated that persons deprived of liberty may not be subjected to any hardship or constraint other than that resulting from the deprivation of liberty and that the measure of their treatment under the Covenant is as set out, inter alia, in the Standard Minimum Rules for the Treatment of Prisoners 1957.
In this context, the Committee refers to its jurisprudence in communication No. 429/1990, a/ where it observed that the procedure laid down in the Optional Protocol was not designed for conducting public debate over matters of public policy, such as support for disarmament and issues concerning nuclear and other weapons of mass destruction.