26 August 1977


Communication No. 1/1976


human rights committee

  Second Session  
  1-31 August 1977  

a. et al.






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BEFORE: CHAIRMAN: Mr. Andreas v. Mavrommatis (Cyprus)
VICE-CHAIRMEN: Mr. Luben G. Koulishev (Bulgaria), Mr. Rajsoomer Lallah (Mauritius), Mr. Torkel Opsahl (Norway)
ACTING RAPPORTEUR: Mr. Julio Prado Vallejo (Ecuador)
MEMBERS: Mr. Mohamed Ben-Fadhel (Tunisia), Mr. Ole Mogens Espersen (Denmark), Sir Vincent Evans (United Kingdom), Mr. Manouchehr Ganji (Iran), Mr. Bernhard Graefrath (German Democratic Republic), Mr. Vladimir Hanga (Romania), Mr. Haissam Kelani (Syrian Arab Republic), Mr. Fernando Mora Rojas (Costa Rica), Mr. Anatoly Petrovich Movchan (Soviet Union), Mr. Fulgence Seminega (Rwanda), Mr. Walter Surma Tarnopolsky (Canada), Mr. Christian Tomuschat (Federal Republic of Germany).
PermaLink: http://www.worldcourts.com/hrc/eng/decisions/1977.08.26_A_v_S.htm
Citation: A. v. S. Comm. 1/1976, U.N. Doc. CCPR/C/OP/1, at 35 (HRC 1977)
Publications: Office of the U.N. High Comm'r for Human Rights, Human Rights Committee: Selected Decisions under the Optional Protocol, Vol. I, at 35, U.N. Doc. CCPR/C/OP/1, U.N. Sales No. E.84.XIV.2 (1985)

Transmittal to State party under rule 91--Request to State party for information on admissibility-Request to authors for information on standing


With regard to communication No. 1/1976, dated August 1976, addressed to the Secretary-General for submission to the Human Rights Committee by A et al., the Human Rights Committee decides:


(a)        That the communication be transmitted to the State party concerned under rule 91 of the provisional rules of procedure, requesting from the State party information and observations relevant to the question of admissibility of the communication with regard to 14 of the authors of the communication who allege that they are victims of violations of the Covenant;


(b)       That, with regard to the other alleged victims named in the communication, the State party be informed that the Committee is taking steps to seek further information from the authors of the communication, with a view to ascertaining certain questions regarding the admissibility of the communication in respect of those other alleged victims, and that the Committee will, in this regard, communicate further with the State party in due course;


(c)        That the 18 authors be requested to furnish detailed information on:


(i)        The grounds and circumstances justifying their acting on behalf of the alleged victims who are not signatories to the communication, in particular the authors' reasons for believing that these victims would approve the authors' acting on their behalf and the authors' reasons for believing that they are unable to act on their own behalf,

(ii)       The efforts made or steps taken by the victims or on their behalf to exhaust domestic remedies;


(d)       That the State party and the authors of the communication be informed that, as a rule, the Committee can only consider an alleged violation of human rights occurring on or after 23 March 1976 (the date of entry into force of the Covenant and the Protocol for S) unless it is an alleged violation which, although occurring before that date, continues or has effects which themselves constitute a violation after that date;


(e)        That the State party and the authors be informed that their information or observations should reach the Human Rights Committee, in care of the Division of Human Rights, United Nations Office at Geneva, within six weeks of the date of the request;


(f)        That the Secretary-General transmit any information or observations received to the other party as soon as possible to enable the other party to comment thereon if it so wishes. Any such comments should reach the Human Rights Committee, in care of the Division of Human Rights, United Nations Office at Geneva, within four weeks of the date of the transmittal.




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