Once more, the complainant did not contest this decision in the competent domestic court.

However, no domestic court has so far decided whether the author has a right under Australia's existing domestic law, to access his documents, lawyers and computers.

4.5 The State party observes that domestic remedies remain available, as shown by the decisions of the District Court, Court of Appeal and Supreme Court in the earlier communication, the effectiveness of which has not been contested.

Neither has it contested the fact that, under domestic legislation, no remedies are available against convictions by the Supreme Court.

As regards the court decision pronouncing temporary measures for protection from domestic violence, the Social Work Center has the following competencies

Often women need support to seek actions in court for maintenance as with domestic violence during and after separation between couples.

It submitted that the claim concerning the judges of the Court of Appeal is inadmissible for failure to exhaust domestic remedies.

The law regulates the procedure for pronouncing temporary measures for protection from domestic violence, the composition of the court, the course of the proceedings and legal remedies against the decision of the court.

The Law defines the temporary measures that the Court may pronounce against a perpetrator of domestic violence (one or more) as follows

Accordingly, all claims made in the present communication have already been assessed by the domestic courts, including the Supreme Court of Norway.

Referring to domestic law in this regard, it points out that, while the Regional Court hearings were held in chambers, i.e., were not open to the public, the Appeal Court hearings were held in public.

The second hurdle stems from the fact that Cambodia's tribunal will be the first internationalized court in which domestic judges form a majority.

The Committee further notes the State party's general assessment that domestic violence cases as such do not enjoy high priority in court proceedings.

The Commission found the complaint inadmissible because domestic remedies had not been exhausted, since the author had not applied to the Constitutional Court.

He refers to the failure of the domestic Courts to uphold and enforce the decision of the Supreme Court of 3 May 1985.

In its brief the HRI encouraged the court to recognise the fundamental principle that domestic law should be interpreted in conformity with international law.

5.2 The Committee maintains its position that it is generally not in the position to evaluate facts and evidence presented before a domestic court.

The fact that the domestic courts handed down their judgements in open court has no bearing on the public nature of the proceedings themselves.

More effective action, including the use of protective court orders, is needed to implement UNMIK Regulation No. 2003 12 on Protection against Domestic Violence.

Treaties prevail over domestic laws in the Greek legal order, but the Court held that the Treaty of Athens was no longer in force.

The Committee is also concerned that the Convention is not incorporated in the domestic legislation and therefore cannot be invoked before a court of law.

Non judicially determined claims have not been tested in a court. Most applicants have access to the domestic violence provisions using non judicially determined claims.

More significantly, the Office of the High Representative oversaw the transfer of almost all domestic legal staff from the Rule of Law Department to the Court.

3.3 As regards the requirement that domestic remedies must be exhausted, the author maintains that it was pointless to apply to the Constitutional Court for amparo.

10.4 The parents who were parties to the domestic court proceedings are all individuals, and have a right to decide which international body to complain to.

6.3 The State party has asserted that domestic remedies have not been exhausted since the author did not submit an application for amparo to the Constitutional Court.

6.4 The State party has alleged that domestic remedies have not been exhausted, since the author did not file an application for amparo with the Constitutional Court.

5.11 As to the argument of failure to exhaust domestic remedies, the author contends that complaints to the Ombudsman and through the court system would be ineffective.

The Law on Family regulates the institution and the course of the court procedure for ensuring court protection in a regular civil law procedure, regardless of the fact whether a criminal procedure has been instituted against the perpetrator of the domestic violence.

While it is true that an international court would not be a foreign court, it would not be a domestic court, either for purposes of handing over an accused person, it would have to be equated with a foreign court and, accordingly, it would be necessary to guarantee that the accused was able to fully exercise his right by the competent national authorities in an extradition proceeding.

The State party maintains that the Constitutional Court ruling does not override the requirement to exhaust domestic remedies, enshrined in article 5, paragraph 2, of the Optional Protocol.

The decision was confirmed upon further appeal, by the Supreme Court in its judgement of 22 August 2001, thus it is claimed that domestic remedies have been exhausted.

The Committee observes that it is not generally its role, as an international instance, to substitute its views of facts and evidence for those of the domestic court.

The European Court of Human Rights has stated repeatedly that compensation is a valid and effective domestic remedy, and the fact that use was not made of it would imply that the claim is inadmissible on the grounds that domestic remedies were not exhausted.

In 2003, a Domestic Violence Treatment Options Court was established that allows offenders who have pled guilty and accepted responsibility for their actions to pursue treatment prior to sentencing.

This is the first time that the ICTY has given over a case to the jurisdiction of a domestic court in one of the countries of the former Yugoslavia.

Thus, even if the authors had not exhausted domestic remedies, the Supreme Court dispensed with this requirement by handing down a final and authoritative interpretation of the relevant law.

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.

He did not even lodge an amparo application on this issue in the Constitutional Court. In these circumstances, the Committee concludes that the authors did not exhaust domestic remedies.

She asked what was being done to remedy delays in court hearings related to domestic violence cases and how child custody and access issues were handled in such cases.

The Rome Statute of the International Criminal Court is addressed to a new demand for accountability for the most serious crimes when that cannot be achieved within domestic justice systems.

7.3 On the exhaustion of domestic remedies, the Committee noted that on 2 January 2002 the complainant had appealed to the Bordeaux Administrative Court of Appeal against the ruling of the Limoges Administrative Court upholding the deportation order, and that that appeal had no suspensive effect.

He argues that since he did not know, at the time his appeal was pending, that two judges of the Court of Appeal were also sitting on the Utrecht Regional Court, the conclusion by the State party that domestic remedies have not been exhausted is invalid.

4.4 Concerning the requirement of exhaustion of domestic remedies, with respect to the alleged violation of article 17, which relates to the effects that the sentence of the Provincial Court of Malaga had on the author's reputation, the Committee notes that this issue was never raised before domestic courts.

Gibraltar retains its own court system, which includes lower courts (Court of First Instance, Coroner's Court, Magistrate's Court), a Court of Appeals and a Supreme Court.