Examples of using Juncto in English and their translations into Russian
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Official
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Colloquial
The author further claims to be a victim of article 18 juncto 5 of the Covenant.
The authors allege a violation of article 2,subparagraph 3(a), juncto 14, paragraph 1, on the ground that they have not been able to petition lawfully established courts for an effective remedy.
In this respect, therefore, the Committee finds a violation of article 14, paragraph 3(g), juncto article 7, of the Covenant.
Author's counsel asserts that the abovereveals violations of articles 2, paragraph l(d), juncto 4 and 6; he observes that articles 4 and 6 must be read together with the first sentence and paragraph 1, litera(d) of article 2, which leads to the conclusion that the obligations of States parties to the Convention are not met if racial discrimination is merely criminalized.
The Committee concluded that therehad been a violation of article 14, paragraph 1, juncto article 2, paragraph 3.
As to the claim under article 14, paragraph 3(g), juncto article 7, the Committee recalls that the wording of article 14, paragraph 3(g), that no one shall be"compelled to testify against himself or to confess guilt", must be understood in terms of the absence of any direct or indirect physical or psychological pressure from the investigating authorities on the accused with a view to obtaining a confession of guilt.
It concludes that, in the circumstances, there has been aviolation of article 9, paragraph 1, juncto article 2, paragraph 1.
He claims to be a victim of a violation by the Netherlands of article 26 juncto article 2, paragraph 3, of the International Covenant on Civil and Political Rights.
Where such allegations are made out, the Human Rights Committee has not hesitated to find a violation of article 14(3)(g), juncto articles 7 or 10.
He claims to be the victim of a violation by the Netherlands of articles 25 and 26, juncto article 2, paragraph 1, of the International Covenant on Civil and Political Rights.
In the circumstances, the Committee finds that Mr.Burrell was not effectively represented on appeal, in violation of article 14, paragraph 3(b) juncto 5.
He claims to be a victim of violations by Jamaica of article 7 andarticle 14, subparagraph 3(b), juncto article 6, paragraph 2, of the International Covenant on Civil and Political Rights.
With respect to the issue of undue delay, counsel reiterates that five and a half years between arrest and appeal is excessive and in violation of articles 9, paragraph 3, and 14, paragraphs 3(c)and 5 juncto 3(c), of the Covenant.
According to the author, article 116(6) of the National Service Code(in its version of July 1983 prescribing a period of 24 months for civilian service) violates articles 18,19 and 26, juncto article 8, of the Covenant in that it doubles the duration of alternative services for conscientious objectors in comparison with military service.
In the present case the absence of legal aid has denied to the author the opportunity to test the regularities of his criminal trial in the Constitutional Court in a fair hearing, andis thus a violation of article 14, paragraph 1, juncto article 2, paragraph 3.
With respect to the discrimination claim on the basis of race in violation of articles 26 juncto article 2, paragraph 1, of the Covenant because the 1982 Act only applied to Western Samoans, the State party points out that the Act was enacted to resolve the anomaly in New Zealand legislation revealed by the Privy Council in the Lesa decision, related solely to individuals born in Western Samoa between 1924 and 1949.
The author claims that the decision not to grant him full retroactive benefits violates article 26 juncto articles 3 and 5 of the Covenant.
She claims to be a victim of a violation by Australia of articles 6, paragraph 1; 7; 9, paragraphs 1, 4, and 5; 10, paragraph 1; 16; 17, paragraphs 1 and 2;and 26; juncto article 2, paragraphs 2 and 3 of the International Covenant on Civil and Political Rights.
In the circumstances, the Committee concludes that the abduction and disappearance of the victim and prevention of contact with her family and with the outside world constitute cruel and inhuman treatment,in violation of article 7, juncto article 2, paragraph 1, of the Covenant.
The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it disclose a violation of article 14,paragraph 3(b) juncto 5, and consequently of article 6, paragraph 2, and of article 6, paragraph 1, of the International Covenant on Civil and Political Rights.
It is submitted that the authors have been unable to petition the Judicial Committee of the Privy Council for special leave to appeal because of the lack of a reasoned judgement of the Court of Appeal, in violation of article 2, paragraphs 2 and 3(a)and(b), juncto article 14, paragraph 5, of the Covenant.
The author submits that to issue a warrant for the execution of a mentally incompetent prisoner is in violation of customary international law and claims that he is a victim of violations of articles 6, 7 and10(1) of the Covenant, juncto ECOSOC resolutions 1984/50 and 1989/64, as he was kept on death row facing execution until July 1996, in his state of mental disturbance.
The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, finds that the facts before it disclose violations of articles 6, 9, paragraphs 3 and 4, 10, paragraphs 1 and 2(a), and 14,paragraph 3(g) juncto article 7, of the Covenant.
The Committee considered that the author and his counsel had sufficiently substantiated, for purposes of admissibility,that the communication might raise issues under article 14 juncto 2, paragraph 3, of the Covenant, which needed to be examined on their merits.
As regards the claim that the period of two years between Mr. Burrell's conviction and the appeal hearing constituted undue delay, the Committee considers that the information before it does not allow it, in the present case, to make a finding as to whether or not the delay was inviolation of article 14, paragraph 3(c) juncto paragraph 5, of the Covenant.
The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before the Committee reveal violations of articles 6, paragraph 1; 7; and 9,paragraph 1, all juncto article 2, paragraph 1; and of article 24, paragraph 1, of the Covenant.
Finally, it is submitted that the issuing of a warrant of execution of a mentally disturbed person, such as the author,(see paragraphs 3.7- 3.8 supra) is in violation of customary international law; the fact that Mr. Francis was kept on death row facing execution until December 1992, while being mentally disturbed, is said to amount to violations of articles 6, 7 and 10,paragraph 1, of the Covenant, juncto ECOSOC Resolutions 1984/50 and 1989/64.
With regard to the claim concerning Mr. Burrell's appeal, the Committee considered that whether, in the particular circumstances of the case, the delay of two years between conviction and the dismissal of the appeal by the Jamaican Court of Appeal constituted undue delay,in violation of article 14, paragraph 3(c), juncto paragraph 5, of the Covenant, was a question which should be examined on the merits.
This is particularly disturbing for cases involving capital punishment,where unavailability of legal aid amounts to a violation of article 6 juncto article 14 of the Covenant.
The State party has argued that the Judicial Committee of the Privy Council may hear a petition for special leave to appeal even in the absence of a written judgement ofthe Court of Appeal; it bases itself on its interpretation of Rule 4 juncto Rule 1 of the Privy Council's Rules of Procedure.