Procedural issues Substantiation of claims by author Exhaustion of domestic remedies

Procedural issues Non exhaustion of domestic remedies, failure to substantiate claims

Procedural issues Non exhaustion of domestic remedies, failure to substantiate claims

Procedural issues Admissibility ratione temporis and ratione materiae Substantiation of claims by author Exhaustion of domestic remedies

4.6 On 30 January 2003, the author reiterated her previous claims and maintained that she has exhausted domestic remedies.

5. States should guarantee appropriate access to information relevant for the pursuance of remedies, including claims for compensation.

Procedural issues State party's failure to cooperate Substantiation of claims by author Admissibility ratione materiae  Exhaustion of domestic remedies

8.5 On the issue of exhaustion of domestic remedies, the State party submits that the claims under articles 17 and 18 were not raised in the domestic proceedings, and thus domestic remedies have not been exhausted.

He also claims that in having submitted his appeal against his conviction for contempt, he has exhausted all available domestic remedies.

Procedural issues Substantiation of claims by author Exhaustion of domestic remedies  Applicability of State party's reservation to article 22 of the Covenant

It argues that the authors have not exhausted domestic remedies, and considers that their claims under articles 14, paragraph 1, and 26 are manifestly ill founded.

3.1 The complainant claims that he has exhausted all available criminal domestic remedies by having filed a complaint with the Public Prosecutor's Office.

The Committee therefore finds these claims inadmissible for non exhaustion of domestic remedies in accordance with article 5, paragraph 2 (b) of the Optional Protocol.

On 22 January 2002, the Court dismissed the authors' claims in respect of the proceedings concerning the IG Farben and Dresdner Bank shares for non exhaustion of domestic remedies.

3.2 The petitioner claims that the State party has violated articles 2, subparagraph 1 (d), and 6, by not providing effective remedies against a violation of the rights relating to article 5.

It considers the communication inadmissible on three grounds lack of proper standing as to one complainant, lack of exhaustion of domestic remedies, and for failure to substantiate the claims for purposes of admissibility.

Local remedies

And the general rule of exhausting domestic remedies requires only that remedies offering effective relief be exhausted.

Therefore, the Committee finds that the author has not exhausted available domestic remedies for these two claims and declares this part of the communication inadmissible under article 5, paragraph 2 (b) of the Optional Protocol.

Principle 6 International and domestic remedies

4.2 The State party also claims that the complaint should be considered inadmissible under article 5, paragraph 2 (b), of the Protocol, on the grounds that domestic remedies have not been exhausted.

(f) That the time elapsed since the exhaustion of domestic remedies is not so unreasonably prolonged as to render consideration of the claims unduly difficult by the Committee or the State party.

It challenges the admissibility on the basis that the same matter is already being examined under another procedure of international investigation or settlement, for non exhaustion of domestic remedies and for non substantiation of their claims.

Guidelines and remedies needed to be adopted.

Domestic remedies thus proved ineffective and inadequate.

To consider effective enforcement mechanisms and remedies.

The fourthsecond group of overlapping claims initially consisted of E4 claims related to 39seven category C claims and 24 category C and D claims.

3.5 With regard to exhaustion of domestic remedies, the author claims that these are ineffective, as numerous steps have been taken the last 30 years to have the rights of unborn recognized in Canada.

Exhaustion of local remedies

Exhaustion of domestic remedies

VICTIMS' RIGHT TO REMEDIES

PART THREE LOCAL REMEDIES

Victims' right to remedies

The State party recalls that the author did not avail himself of these remedies, and thus did not exhaust domestic remedies.

VII. Victims' right to remedies

5.2 On the issue of exhaustion of domestic remedies, the author states that no further remedies are available.

2.4 The complainant claims that he has exhausted available domestic criminal remedies and refers to international jurisprudence according to which only a criminal remedy can be considered effective and sufficient in addressing violations of the kind at issue in the instant case.

The average number of loss types is 3.14 for the claims in this instalment, compared with 2.01 for all claims in the regular category D claims programme, 1.93 for Jordanian claims and 1.71 for Kuwaiti claims.

Concerning the issue of duplicate claims, the secretariat indicated that it was aware of the risk of duplicate claims from the outset of claims processing and took steps to identify and eliminate such claims during the course of claims processing.

Exceptions to the local remedies rule

The alternative view suggests different remedies.

International legal remedies must be explored.

Procedural issues Exhaustion of domestic remedies

Procedural issues Exhaustion of domestic remedies

Second instalment category A claims corrections Third instalment category A claims corrections Fourth instalment category A claims corrections Fifth instalment category A claims corrections Sixth instalment category A claims corrections First instalment category C claims corrections Fourth instalment category C claims corrections