This remedy is an effective one and has been resorted to on several occasions.
However, this remedy has no suspensive effect against the order for removal.
The State partynotes that the author did not use this remedy.
It follows that this remedy cannot be considered effectively exhausted.Combinations with other parts of speech
Such a remedy would even have been dangerous for the author.从他们所提交的文件中可以看出,他们认为这一补救办法毫无效力,因为他们不符合第3节第1小节的规定。
It transpires from their submissions that they consider this remedy ineffective, as they do not fulfil the requirements under section 3, subsection 1.不过,鉴于可能产生的合同和业务影响,这一补救办法需事先商法律事务厅和请购部门。
However, this remedy would necessitate the prior advice of the Office of Legal Affairs and the requisitioning office, in the light of potential contractual and operational impacts.这一补救办法不是权利的问题,而是由司法部门酌情赋予的,并且仅限于极少数案件。
This remedy is not a matter of rights and is granted by judicial discretion only in rare cases.这一补救办法旨在确保法庭对事实情况相同的案件的判决保持一致性。
This remedy aims at ensuring consistency in court rulings on cases whose factual circumstances are identical.委员会注意到,缔约国称这一补救办法应当允许行政法院在适当情况下追溯性地废除入院令。
The Committee notes that, according to the State party, this remedy would have allowed the administrative court, if appropriate, to annul the committal order with retroactive effect.鉴于负责审理她的案件的法官得出了没有实施强奸罪的结论,那么这一补救办法不适用于她的情况。
Since the responsible judge in her caseconcluded that no crime of rape was committed, this remedy is inapplicable to her situation.提交人指出,即使《塞尔维亚宪法》规定有可能提出宪法申诉,但这一补救办法无效。
The authors submit that, even thoughthe Serbian Constitution includes the possibility to file a constitutional complaint, this remedy is ineffective.提交人没有利用这一补救办法,因此未能用尽国内补救办法。
The author did not resort to this remedy and thus failed to exhaust domestic remedies..他说这一补救办法是《刑事诉讼法》第125条规定的。
He submits that this remedy is provided in article 125 of the Criminal Procedure Code.提交人说,根据俄罗斯司法倡议基金的经验,这一补救办法在车臣共和国内不是有效的办法。
The author submits,based on the experience of Stichting Russian Justice Initiative, that this remedy is not effective in the Chechen Republic.缔约国指出,来文人并未声称这一补救办法被不合理地拖延。
The State partynotes that the author did not allege that this remedy was unreasonably prolonged.如果案例法中有已了结的案件表明提出上诉将是徒劳的,就没有必要用尽这一补救办法。
Where there is a settled case law which indicates that an appeal would have beenfutile it is not necessary to exhaust that remedy.但委员会认为,提交人请求宪法法院批准他不用律师这一事实证明他已试尽这一补救办法。
The Committee nevertheless considers that the fact that the author requested the ConstitutionalCourt to exempt him from using counsel proves that he did exhaust this remedy.鉴于上述考虑,委员会得出结论认为,就本案而言,可能未用尽这一补救办法对受理该来文并不构成障碍。
Based on these considerations, the Committee concludes that, in the present case,the possible failure to exhaust this remedy does not constitute an obstacle to the admissibility of the complaint.由于提交人本人未利用这一补救办法,缔约国称他根据第二十六条提出的指称由于未用尽国内补救办法而不能被接受。
Since the author failed to avail himself of this remedy, the State party argues that his claim under article 26 is inadmissible for failure to exhaust domestic remedies..在本案中,申诉人在实际上没有质疑这一补救办法的有效性,也没有辩称用尽最后补救办法会不合理地耗时过长。
In the present case the complainantshave not in fact challenged the effectiveness of this remedy and have not argued that exhaustion of the finalremedy would take an unreasonable length of time.因此,委员会的结论是,就《任择议定书》第五条第2款(乙)项的规定而言,他并不需要用尽这一补救办法。
It therefore concluded that he was not required, for purposes of article 5, paragraph 2(b), of the Optional Protocol,to exhaust that remedy.因此在《宪法》所保障的任何权利受到侵犯时可以利用这一补救办法。
This remedy is therefore available when any of the rights guaranteed in the Constitution is violated.缔约国认为,这一补救办法对于在国内一级实现来文的目的非常有效。
It maintains that this remedy is quite effective to pursue the aim of the communication at the domestic level.委员会注意到提交人死刑的减刑,但是认为,就本案的情况而言,这一补救办法是释放提交人。
The Committee has taken note of the commutation of the authors' death sentence,but it is of the view that in the circumstances of the case, the remedy should be the authors' release.第三,总检察长办公室本应在宣判被告无罪后60天内采用这一补救办法,但却放弃了这个机会。
Third, the Office of the Solicitor General should have used the remedy within 60 days of the date of the acquittal but did not avail itself of that opportunity.最后,即使这一补救办法失败,提交人也还可以向联邦法院上诉。
Finally, even if that recourse had failed, it would have been open to the author to appeal to Federal court instances.诉讼文件移送命令这一补救办法是根据法院规则第六十五条第1节提供的。
The remedy of certiorari is provided under section 1, rule 65, of the Rules of Court.提交人应提出"新"证据,重新申请遣返前风险评估,这一补救办法始终可以采用。
The" new" evidence should have beensubmitted under a new PRRA application by the author, a remedy which is still available to her.