Examples of using Fourth instance in English and their translations into Russian
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Official
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Colloquial
The Committee is not a court of fourth instance.
The Committee should not operate as a fourth instance court, with the competence to review or reevaluate findings of fact.
According to the State party,the author is attempting to make the Committee a fourth instance.
In the fourth instance, the focal point within government needs to be adequately supported in terms of technical staff and resources.
It also notes the State party's observation that the Committee is not a fourth instance.
It is also based on the view that the Committee is not a court of fourth instance that should re-evaluate facts and evidence de novo.
The State party concludes that the author hasexhausted domestic remedies and that his disagreement with the decisions handed down prompted him to turn to the Committee as a court of fourth instance.
It claims that the communication is clearly intended to have the Committee operate as a fourth instance, and as an instance to review the judgment of the ECHR.
The Committee should not, however, act as a fourth instance and should not re-examine the facts and evidence or review the application of domestic law by the Canadian authorities.
We would like to emphasize that the role of the HumanRights Committee is to apply provisions of the Covenant to particular cases and that it is not a fourth instance of any judicial proceedings.
The State party refers to the Committee's jurisdiction stating that it is not a"fourth instance" competent to re-evaluate findings of fact or review the application of domestic legislation.
In a fourth instance, in connection with the question of South Africa, the Council adopted resolution 59 1(1986) of 28 November 1986, which implicitly referred to Article 24 in its preambular part.
The State party reiterates that the author is clearly expecting the Committee to act as a court of fourth instance and to reopen the debate on whether or not his dismissal required prior judicial authorization.
According to the authors, their claim under article 14, paragraph 1, is not, as suggested by the State party, a complaint primarily about the outcome of their case, nordoes it request the Committee to act as a fourth instance over Irish Courts.
The Committee should not become a“fourth instance” competent to re-evaluate findings of fact or to review the application of domestic legislation, particularly when the same issue is pending before a domestic Court.
Regarding custody claims, the State party asserts that the decision has been made andthat the complainant should understand that the Committee is not a fourth instance of appeal nor is it within its mandate to review the facts and evidences;
The State party concludes that the Committee is not a"fourth instance" and that the author has not substantiated that the alleged defects in the disciplinary proceedings were manifestly arbitrary or amounted to a denial of justice.
Regarding custody claims, the State party asserts that the decision has been made andthat the complainant should understand that the Committee is not a fourth instance of appeal nor it's within its mandate to review the facts and evidences.
In Latin America, regional juridical bodies were seen as a kind of court of fourth instance; in Europe, there was the element of discretion whereby the regional body would defer to the domestic institutions unless there were serious grounds for concern.
The communication is inadmissible even ifthe authors are considered to have exhausted all domestic remedies since it is an attempt to use an international body as a level of jurisdiction("court of fourth instance") in addition to those available under the domestic legal system.
Accordingly, the argument submitted by the State party that the Committee is not a fourth instance cannot prevail, and the Committee cannot conclude that the State party's review of the case was fully satisfactory from the perspective of the Convention.
As explained also in the individual opinions of Mr Yuval Shany et al., such a deferential standard of review is predicated upon the Committee's recognition that domestic authorities have comparative advantage in evaluating facts and evidence andthat the Committee is not a fourth instance that should re-evaluate facts and evidence de novo.
The State party recalls that the Committee has pointed out on several occasions that it is not a"fourth instance" competent to re-evaluate findings of fact or evidence, or to review the interpretation and application of domestic legislation by national courts.
Secondly, I must point out that, in these statements as well as in its conclusion that the State party violated the author's right to the equal protection of the law under articles 26 and 2 by denying the author's access to the relevant documents(11.6),the Committee has deviated from its established jurisprudence that it should not act as the court of fourth instance to any domestic court.
It is for the national courts of the States parties to the Convention to evaluate the facts and evidence in a particular case andthe Committee should not become a"fourth instance" competent to reevaluate findings of fact or to review the application of domestic legislation.
The Committee is in essence asked, and the majority has agreed thereto,to act as a fourth instance, even though it is clear from the Committee's jurisprudence that, as a general rule, it is for the organs of States parties to the Covenant to review or evaluate facts and evidence in order to determine whether the alleged risk exists.
The State party also argues that the communication should be declared inadmissible under article 2 of the Optional Protocol,on the grounds that the authors want the Committee to act as a fourth instance and review facts and evidence already considered by the domestic courts, in order to prevent execution of the criminal conviction and payment of the fine through the sale of their property.
The Committee recalls its constant jurisprudence that it is not a fourth instance competent to reevaluate findings of fact or reevaluate the application of domestic legislation, unless it can be ascertained that the proceedings before the domestic courts were arbitrary or amounted to a denial of justice.
The State party should consider ratifying the Optional Protocol,taking into account the Committee's consistent jurisprudence that it is not a fourth instance of appeal and that it is, in principle, precluded from reviewing the evaluation of facts and evidence or the application and interpretation of domestic legislation by national courts.
The State party finally reiterates its concern that the Committee should not become a fourth instance by re-evaluating findings of domestic courts unless there was a manifest error or if the decision was tainted by abuse of power, bad faith, manifest bias or serious irregularities.