Principle 6 International and domestic remedies

Procedural issues Exhaustion of domestic remedies

Procedural issues Exhaustion of domestic remedies

Draft principle 6 International and domestic remedies

Procedural issues Non exhaustion of domestic remedies

Procedural issues Non exhaustion of domestic remedies

Consequently, domestic remedies have not been exhausted.

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

They state that they have exhausted all domestic remedies.

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

2.4 The complainant argues that he has exhausted domestic remedies.

The complainant alleges that she has exhausted all domestic remedies.

The author thus contends to have exhausted all domestic remedies.

Procedural issues Non exhaustion of domestic remedies lack of substantiation

The author considers that he has exhausted all domestic remedies.

Substantive issues Failure to exhaust domestic remedies burden of proof

Procedural issues Exhaustion of domestic remedies substantiation of the complaint

Procedural issues Inadmissibility ratione materiae non exhaustion of domestic remedies

It argues that the author has not exhausted domestic remedies.

(f) Steps taken by the complainant to exhaust domestic remedies

It reiterates that the author did not exhaust domestic remedies, given that he himself mentioned his refusal to exhaust all domestic remedies in his submission dated 22 May 2001.

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.

Thus, the case is inadmissible for failure to exhaust domestic remedies.

Thus, the Committee considers that the petitioner has exhausted domestic remedies.

With this it is submitted that all domestic remedies are exhausted.

Procedural issues Exhaustion of domestic remedies, abuse of right of submission

With this, all domestic remedies are said to have been exhausted.

Procedural issues Substantiation of the alleged violation exhaustion of domestic remedies

He says that domestic remedies have been exhausted, as described above.

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

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

In respect of those individuals, therefore, domestic remedies have not been exhausted.

Procedural issues Adequate substantiation of the alleged violation exhaustion of domestic remedies

4.3 Thirdly, the State party argues that domestic remedies were not exhausted.

Criminal penalties where necessary and civil remedies in cases of domestic violence.

With respect to the requirement of exhaustion of domestic remedies, the Committee notes that the State party has not claimed that there are any domestic remedies that could be exhausted by the author.

That complaint had been rejected on grounds of non exhaustion of domestic remedies.

5.2 Secondly, as to domestic remedies, the authors reject the State party's submissions.

(e) Steps taken by the author and or victim to exhaust domestic remedies

(d) All effective available domestic remedies have not been exhausted. This rule shall not apply where the application of the remedies is unreasonably prolonged.

Consequently, these avenues need not be pursued for purposes of exhaustion of domestic remedies.

3.6 The authors submit that there are no available domestic remedies to be exhausted.

As such, the allegation of torture is inadmissible for failure to exhaust domestic remedies.