Примеры использования Remedies had not been exhausted на Английском языке и их переводы на Русский язык
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Official
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Colloquial
Accordingly, the Committee found that in this respect domestic remedies had not been exhausted.
The Committee therefore considers that domestic remedies had not been exhausted and that this part of the communication should be considered inadmissible in accordance with article 5, paragraph 2(b), of the Optional Protocol.
Moreover, regarding those two cases,the State party was of the view that domestic remedies had not been exhausted.
The Committee noted the State party's argument that domestic remedies had not been exhausted, as the author had failed to apply the appropriate remedy in time.
Concerning the denial of visits from family members in prison, it concluded that domestic remedies had not been exhausted.
It maintained that all available domestic remedies had not been exhausted, as required by article 2 of the Optional Protocol, since no appeal for supervisory judicial review had been filed with Office of the Procurator-General.
At the time of the State party's submission, these proceedings remained pending, andthus domestic remedies had not been exhausted.
On 2 November 2001, the State party disputed theadmissibility of the communication, arguing that domestic remedies had not been exhausted with respect to the claim under article 7 and that no prima facie violation of the Covenant had been disclosed with respect to any claim.
Since the author did not advanced reasons for his failure the Committee concluded that domestic remedies had not been exhausted.
As to the complaint under article 14, paragraph 5,the Committee took note of the State party's argument that domestic remedies had not been exhausted because the alleged violations referred to the Committee had never been brought before the Constitutional Court.
The State party expressed its astonishment at the Committee's decision given that in the State party's view domestic remedies had not been exhausted.
Thirdly, the Committee did not share the State party's view that domestic remedies had not been exhausted and considered that neither a new petition to the Constitutional Court nor a civil action would be effective remedies in the circumstances of the case.
As the proceedings had not yet concluded,it submitted that the communication was inadmissible on the basis that domestic remedies had not been exhausted.
With regard to the exhaustion of domestic remedies, the Committee notes the State party's claims that domestic remedies had not been exhausted because the alleged violations raised before the Committee had not previously been raised before the domestic courts.
The State party did not consider it necessary to provide any explanation as to the substance of the case since, in its view,domestic remedies had not been exhausted.
On 21 November 2008,the State party challenged the admissibility of the complaint on the grounds that domestic remedies had not been exhausted. On 1 June 2008, the complainant submitted an application for reconsideration to the Federal Office for Migration, which passed it on to the Federal Administrative Tribunal, the competent body in the matter.
With regard to the allegation of undue delay, the Committee took note of the State party's reply to the communication,in which the State party claimed that domestic remedies had not been exhausted.
In this regard, the Court found that domestic remedies had not been exhausted before the Immovable Property Commission,"which is able both to order restitution of property and to award pecuniary and non-pecuniary damages in respect of any loss of enjoyment of the property.
Mr. Kälin suggested that the paragraph should state that if a State party maintained that domestic remedies had not been exhausted, it must provide more information on the matter.
With regard to the issue of the exhaustion of domestic remedies, the Committee noted that the State party challenged the admissibility of the complaint on the grounds that the available andeffective domestic remedies had not been exhausted.
On 15 May 2008, the State party contested the admissibility of the communication submitted by the author,on the grounds that domestic remedies had not been exhausted in respect of the complaint of a violation of articles 9 and 14 of the Covenant.
By note verbale dated 25 October 2013, the Permanent Mission of Argentina to the United Nations Office at Geneva reported, with respect to the detention of Guillermo Luis Lucas,that domestic remedies had not been exhausted.
As regards the arguments relating to article 3 of the Convention,the Committee takes note of the State party's comments to the effect that internal remedies had not been exhausted since the complainant did not apply to the Federal Court for approval or judicial review of the refusal to allow him humanitarian status.
Concerning the alleged denial of the right to have a witness examined on the author's behalf, the Commission concluded that, as the author had failed to raise that issue before the Court of Cassation,domestic remedies had not been exhausted.
In its note verbale dated 19 April 2005, the State party questioned the admissibility of the communication,alleging that domestic remedies had not been exhausted as required by article 5, paragraph 2(b), of the Optional Protocol, given that the author did not include the argument of the violation of his right to have his conviction reviewed in his amparo application to the Constitutional Court.
In case No. 1768/2008(Pingault-Parkinson v. France), the Committee considered, inter alia, that the author's counsel did not apply to the appropriate courts in order to assert the author's rights and that, as a result,domestic remedies had not been exhausted.
With regard to the requirement of the exhaustion of domestic remedies under article 5, paragraph 2(b), of the Optional Protocol,the Committee notes that the State party has not argued that domestic remedies had not been exhausted at the time the communication was submitted.
It noted that the State party did not object to the admissibility of the complaint in respect of all those authors which had appealed the quarrying permit both to the Lapland Provincial Administrative Board and to the Supreme Administrative Court of Finland, andthat only in respect of those authors who had not personally appealed to the Supreme Administrative Court did it contend that domestic remedies had not been exhausted.
Moreover, regarding the alleged violation of article 14(1) through the lack of public pronouncement of an appellate decision,it could not be said that any"consideration" of that aspect has occurred as the Commission found local remedies had not been exhausted.
It submits that the issue raised by the author was examined and dismissed by the European Court of Human Rights, which noted that the author had failed to appeal in accordance with relevant formalities andthat therefore domestic remedies had not been exhausted.