Subject matter Conviction of complainant under National Security Law for membership in anti State organization

In May 2005, the New South Wales government introduced legislation that allowed recording of evidence given by a complainant in a sexual assault trial to be admitted at any retrial following a successful appeal against conviction, so that the complainant was not required to give evidence on retrial.

An additional law had set new instructions for halting criminal investigations at the request of the complainant in cases of domestic violence, offering treatment as an alternative.

The Committee stated in the same decision that mere doubts about the effectiveness of available civil remedies do not absolve a petitioner from pursuing them .l

At its thirtieth session, the Committee decided to include a standard paragraph to that effect in any note verbale or letter of transmittal to the State party complainant, which sets a deadline for comments on submissions of the other party.

The text of the Committee's decisions declaring complaints inadmissible under article 22 of the Convention is also made public without disclosing the identity of the complainant, but identifying the State party concerned.

Such measures may include, but are not limited to, reinstatement, rescission of the retaliatory decision or transfer to another office of that individual or the person who acted in retaliation against the individual.

Appropriate steps shall be taken, where necessary, to ensure that the complainant, witnesses, relatives of the disappeared person and their defence counsel, as well as persons participating in the investigation, are protected against all ill treatment or intimidation as a consequence of the complaint or any evidence given.

Although the committee's decisions are not binding, if it concludes that the medical examination breached the Act in some way, this will generally benefit the complainant's case in civil proceedings.

In 2004 an investigation was carried out into the extent to which complaints procedures for individual employees are incorporated into Collective Labour Agreements (CAOs), what the nature of these procedures is and what procedures complainants must follow.

8.3 The Committee observes that the State party has not contested the complainant's claim that he was tortured and notes that the Aliens Appeal Board was of the view that the complainant's political opponents may have been responsible for this torture.

It shall ensure in particular that persons suspected of having committed an offence of enforced disappearance are not in a position to influence the progress of the investigations by means of pressure or acts of intimidation or reprisal aimed at the complainant, witnesses, relatives of the disappeared person or their defence counsel, or at persons participating in the investigation.