Примеры использования To make a finding на Английском языке и их переводы на Русский язык
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Colloquial
In the circumstances, it would be improper for the Committee to make a finding on the merits of the case.
The Committee is therefore unable to make a finding that the exercise of this discretion in the author's case was arbitrary and in violation of article 26 of the Covenant.
The Committee notes that the material andevidence before it does not suffice to make a finding in respect of these claims.
The depositary should not have the power to make a finding as to whether a reservation was consistent with the purpose of the treaty.
In the light of this finding the Committee does not consider it necessary in the circumstances to make a finding on article 6 of the Covenant.
But the Working Group deems it appropriate to make a finding on the arbitrary or non-arbitrary character of Mr. Ghaled's detention.
The DPSOA, on the one hand, requires the Court to have regard to the opinion of psychiatric experts on future dangerousness but, on the other hand,requires the Court to make a finding of fact of dangerousness.
It also noted that, in order to make a finding of genocide, it was necessary to establish specific intent to destroy the protected group as such, in whole or in part.
The CSSOA, on the one hand, requires the Court to have regard to the opinion of psychiatric experts on future dangerousness but, on the other hand,requires the Court to make a finding of fact of dangerousness.
However, in the instant case the Committee lacks sufficient information to make a finding concerning a violation of the author's right to privacy under this provision.
Under article 394, paragraph 3, the use of torture is regarded as an aggravating factor in cases involving the coercion of a suspect, accused person, victim orwitness to testify or of an expert to make a finding.
The Committee is therefore unable to make a finding that the exercise of this discretion in the author's case was arbitrary and in violation of article 26 of the Covenant" annex IX, sect. D, para. 9.8.
This claim has not been refuted by the State party, which has confined itself to the mere statement that the claim is being investigated and that, in the circumstances,it would be inappropriate for the Committee to make a finding on the merits.
The depositary should not have the power to make a finding as to whether a reservation was in order, e.g., in terms of whether or not it was consistent with the purpose of the treaty to which it referred.
Insofar as the State party's obligations under paragraph 9 below would be the same with or without such a finding,the Committee considers it inappropriate in the present case to make a finding in respect of article 6.
Nor is the Committee able to make a finding in respect of article 9, paragraph 3, as it remains unclear whether the author was in fact detained on specific criminal charges within the meaning of this provision.
In the light of the State party's abolition of the death penalty and consequent commutation of his death sentence, as well as of the Committee's finding in paragraph 7.5,the Committee considers it unnecessary to make a finding on this aspect of the author's complaint.
Therefore, at this stage I decline to make a finding that the Republic of Croatia is in non-compliance with its obligation to provide evidence and information to the Tribunal as it pertains to the Consolidated Request.
The Committee considers that the interpretation of national laws is within the competence of the tribunals of States parties and that, accordingly,it is not in a position to make a finding with respect to the application or interpretation of Spanish law in matters of extradition.
The final conclusions on the reliability of the information received were made taking all of these matters into consideration, cross-referencing the relevant material and information, and assessing whether, in all the circumstances, there was sufficient information of a credible andreliable nature for the Mission to make a finding in fact.
The Committee notes that the State party has confined itself essentially to issues of admissibility andthat it considers it"improper" for the Committee to make a finding on the merits of the author's allegations while investigations into his alleged ill-treatment on death row are said to be pending.
Lastly, the author submits that the State party has failed in its obligation under article 2, paragraph 3, of the Covenant to provide an effective remedy to the aforementioned violations of his rights, andrequests the Committee to make a finding to that effect.
On 19 April 2010, the prosecution filed a request with the Pre-Trial Chamber to make a finding under article 87 of the Statute that the Government of the Sudan had failed to cooperate with the International Criminal Court according to Security Council resolution 1593(2005) in the execution of arrest warrants against Mr. Ahmed Harun and Mr. Ali Kushayb.
It does not address the fact that the disciplinary hearing failed to adduce viva voce evidence from civilian witnesses to the police misconduct, which reflects a systemic and serious failure of the process in circumstances where it was purported that there was insufficient evidence to make a finding of misconduct.
While not going so far as to make a finding of non-compliance on this ground, the Committee has some doubts that the conduct of the Party concerned in this matter meets its obligation to endeavour to ensure that officials and authorities assist the public in seeking access to justice in environmental matters.
Given the fact that the State party has failed to carry out a thorough and effective investigation into his allegations of being subjected to unlawful investigation methods, as well as into the injuries of his brother, a witness in his criminal case, and Mr. R. K, a co-accused,the author asks the Committee to make a finding of a violation of articles 7 and 10 of the Covenant.
In the instant case, however, the Committee does not find any elements which would allow it to make a finding under the Optional Protocol on the lawfulness of the arrests of the authors, since the arrests took place in September and December 1985, respectively, and they were released in April and July 1986, respectively, prior to the entry into force of the Optional Protocol for Togo on 30 June 1988.
In the incident at the UNRWA compound in the neighbourhood of Rimal, in the centre of Gaza City, senior international UNRWA staff indicate that they were unawareof any sustained fire at the relevant time from anywhere in the nearby areas( chap. IX). In that case the Mission was unable to make a finding as to whether any combat activity was being conducted by Palestinian armed groups against the Israeli armed forces in that area at that time.
The Government of the Sudan notes that while the time frame within which the Commission had to work was adequate for the Commission to make a finding with regard to the central issue of whether or not acts of genocide have occurred in Darfur, it was clearly a time frame within which it was not possible to adequately address or investigate the other categories of human rights abuses cited by the Commission.
The Mission's final conclusions on the reliability of the information received were based on its own assessment of the credibility and reliability of the witnesses it met, verifying the sources and the methodology used in the reports and documents produced by others, cross-referencing the relevant material and information, and assessing whether, in all the circumstances, there was sufficient credible andreliable information for the Mission to make a finding in fact.