Substantive issues Assessment of the facts and evidence by the domestic courts

(e) Competence of the Committee with respect to the evaluation of facts and evidence (Optional Protocol, art.

The Committee notes that the author's claim relates, in its nature, to an evaluation of facts and evidence and to interpretation of domestic legislation.

It reiterates its jurisprudence that the evaluation of facts and evidence and interpretation of domestic legislation is in principle a matter to be decided by the courts of States parties, unless the evaluation of facts and evidence was clearly arbitrary or amounted to a denial of justice.

The Committee recalls its jurisprudence and reiterates that it is generally not for itself, but for the courts of States parties to review or to evaluate facts and evidence, unless it can be ascertained that the conduct of the trial or the examination of the facts and evidence was manifestly arbitrary or amounted to a denial of justice.

The Committee recalls its jurisprudence and reiterates that it is generally not for itself, but for the courts of States parties, to review or to evaluate facts and evidence, unless it can be ascertained that the conduct of the trial or the evaluation of facts and evidence was manifestly arbitrary or amounted to a denial of justice.

The Committee recalls its jurisprudence and reiterates that it is generally for the courts of States parties to review or to evaluate facts and evidence, unless it can be ascertained that the conduct of the trial or the evaluation of facts and evidence was manifestly arbitrary or amounted to a denial of justice.

The Committee recalls that it is normally for the courts of States parties, and not for the Committee, to evaluate facts and evidence in a particular case.

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

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.

Both courts took into account, inter alia, medical evidence and witness statements in the evaluation of the facts and evidence in the case.

In support of this claim, Turkey relies on the same facts and evidence which it submitted in support of its fourth F4 instalment claim.

A specific form of lack of substantiation is represented by cases where the author invites the Committee to re evaluate issues of fact and evidence addressed by domestic courts.

4.3 The Committee considers that the subject matter of the allegations in the author's communication relates in substance to the evaluation of facts and evidence in the course of proceedings before the State party's courts.

Nevertheless, the Committee cannot sit in review of the facts and evidence de novo in each deportation case, especially where a case turns upon an evaluation of a complainant's credibility.

It is not for the Committee to substitute its views for the judgement of the domestic courts on the evaluation of facts and evidence in a case, unless the evaluation is manifestly arbitrary or amounts to a denial of justice.

The evidence makes them change that hypothesis.

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The facts

It recalls that the evaluation of facts and evidence is primarily a matter for the domestic courts of a State party, and in the absence of such evaluation in the present case the Committee's task is greatly impeded.

In this respect, the Committee recalls its jurisprudence under which it is generally a matter for domestic courts to examine the facts and evidence in a particular case, unless it is clear that their assessment was arbitrary or that it amounts to a denial of justice.

The basis of the claim and the evidence provided to support it are similar to those provided in respect of the first claim unit.

I'm tellin' you, everything that's gone on has been twisted and turned!

It points out that after a detailed examination of all the facts and available evidence, the Tribunal concluded unequivocally that the complainant lacked credibility and that his evidence was fabricated.

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DESCRIPTION OF THE INCIDENT

The Committee recalls that it is generally for the courts of States parties to the Covenant to evaluate facts and evidence in a case, unless it can be ascertained that the evaluation was clearly arbitrary or amounted to a denial of justice.

(e) Providing information, evidentiary items and expert evaluations

Substantive issues Assessment of facts and evidence by the domestic courts

Posters, leaflets, guidelines and brochures have been printed and distributed.

Let's establish motive, means, opportunity and evidence.

The facts as presented

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