Примеры использования Would have been ineffective на Английском языке и их переводы на Русский язык
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Thus, the suggested remedy would have been ineffective.
Judicial remedies would have been ineffective owing to the non-independence of the judiciary, and unavailable owing to a widespread fear of reprisals.
Therefore, the complainant concludes that any domestic remedies would have been ineffective and unavailable.
In addition, he adds that the exhaustion of remedies would have been ineffective given the decisions of the Supreme Court and the Constitutional Court, which declared the restitution act lawful.
It has not been demonstrated that these remedies were not available or would have been ineffective.
It has not been shown that this procedure would have been ineffective or would have been unreasonably delayed.
On the issue of non-exhaustion of domestic remedies by the author's failure to initiate proceedings in the Constitutional Court,the author argues that such a remedy would have been ineffective.
As regards thetax assessment for 1998, another complaint to the Constitutional Court would have been ineffective in the light of the dismissal, by that Court, of identical complaints concerning tax assessments for 1996 and 1997.
He does not, however, deny that judicial remedies offered in the ordinary labour courts were available to him, nordoes he explain why such a remedy would have been ineffective in his case.
Other remedies available to her under the Law on the Ministry of Interior would have been ineffective, as they could have resulted only in a written warning against her husband not to harass her.
A larger study of sickle-claw function, published in 2011 by Fowler and colleagues, concluded that the earlier study by Manning and colleagues was correct andthat the"sickle claws" would have been ineffective as cutting weapons.
In the complainant's view, both remedies would have been ineffective, as an application for leave to appeal is only a"theoretical possibility" and, in an application for compensation, she could not have invoked her rights under the Convention.
The Committee concluded that the author had failed to exhaust domestic remedies or to show that they would have been ineffective in the circumstances of this case.
The Committee observed the author's response, that an appeal would have been ineffective as the Court of Appeal would only have dealt with the issue of jurisdiction and not with the merits of the case, and that the State party removed the author within hours of the Superior Court's decision, thereby rendering an attempt to appeal this decision moot.
Since the author had not provided the Committee with evidence enabling it to conclude that the remedies would have been ineffective, the case was declared inadmissible.
The Committee further notes the argument of the author according to which an application to the Constitutional Court would have been ineffective, as there was no doubt as to the meaning of the phrase"of an irreversible nature", and that under article 107 of the Lithuanian Constitution, the decisions of the Constitutional Court have statutory force and are final.
However, since the Court of Appeal had repealed the expulsion order in 1993, the Committee considers that the complainant has not sufficiently substantiated, for purposes of admissibility,that an appeal to repeal the 1997 expulsion order would have been ineffective.
On the question of an appeal to the National Parole Board, including appeals of the annual reviews,the author submits that appeals of this nature would have been ineffective as, based on the evidence, the Board could only find that"if released" the author would likely cause, inter alia, serious harm to another person prior to expiry of sentence.
Moreover, the authors have not submitted to the Committee sufficient or relevant information on the case law of the Spanish Constitutional Court relating to the rights protected under article 17, paragraph 1,which might enable it to conclude that the remedies would have been ineffective.
The author also claims that he had exhausted all domestic remedies andsubmits that any further appeals would have been ineffective, taking into account the absence of information from the State party that such appeals filed in court against the decision of the Prosecutor's Office by a person convicted for murder in fact led to the reversal of the sentence and release of the convicted person.
The author points out that he did not submit an appeal for amparo to the Spanish Constitutional Court because, according to the Court's jurisprudence,life imprisonment was compatible with the Spanish Constitution, so that such an appeal would have been ineffective in his case.
The Committee also notesthe author's claim that in the circumstances of the case, the supervisory review proceedings would have been ineffective and would have resulted in delaying the case, given that under article 439 of the Civil Procedure Code, the prosecutor's protest motion would have been sent for consideration by the same court that had already examined her complaint.
Apart from contending that his"refusal" to exhaust domestic remedies was justified, the author failed to address the State party's argument that he could have challenged any possible discriminatory effect of the compulsory contributions to the unemployment scheme before the Constitutional Court, or to indicate whether and,if so, why the remedy of constitutional complaint would have been ineffective or unavailable to him in the specific circumstances of his case.
Although he could have lodged an appeal with the Administrative Court, after the Constitutional Court dismissed his complaints for fiscal years 1996 and1997, this remedy would have been ineffective for purposes of invoking the principle of equality, since the Administrative Court is not competent to review the constitutionality of administrative acts, but only their conformity with lowerranking law.
As to the claim that the exhaustion of remedies would have been ineffective, the Committee notes that the pursuit of a court action would have, inter alia, clarified the contested facts in the author's case, upon which the Committee is not in a position to evaluate, notably, the actual ownership of the land in question and whether the author was the lawful beneficiary of his aunt and uncle's estate.
According to her,in the circumstances, complaining to the Prosecutor General's Office via the supervisory review proceedings would have been ineffective, as under article 439 of the Civil Procedure Code, a prosecutor's protest motion to have a case examined via the supervisory review proceedings would have been sent for consideration to a court authorized to decide on whether to satisfy or reject the request.
With regard to his claim under article 7 of the Covenant,counsel claims that a constitutional motion would have been ineffective, since the Supreme Court would have considered itself bound by the decision of the Judicial Committee of the Privy Council in 1981(Riley v. Attorney-General), in which it was held that, whatever the reasons for delay, the Privy Council would not allow a ground that an execution contravened section 17 of the Jamaican Constitution.
In addition, the State party disagrees that submitting a complaint to the Supreme Court would have been an ineffective remedy.
Furthermore, there are no reasons to believe that the application of those remedies would have been unavailable or ineffective.
As his case concerned similar circumstances,the author submits that appealing through the supervisory review process would have been futile and ineffective.