E. Substantiation of complaints

Procedural issues Non exhaustion of domestic remedies lack of substantiation

Procedural issues Exhaustion of domestic remedies substantiation of the complaint

Procedural issues Non substantiation of claim for purposes of admissibility

The authors regard this as sufficient substantiation.

(e) Written substantiation of judicial decisions in all instances, except for purely procedural orders

Procedural issues Substantiation of claims by author Admissibility ratione materiae

Procedural issues Substantiation of claim by author Admissibility ratione materiae

Procedural issues Substantiation of the alleged violation exhaustion of domestic remedies

Procedural issues Substantiation of claims by author Exhaustion of domestic remedies

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

Substantive issues Unfair trial no right of appeal failure to exhaust domestic remedies lack of substantiation in relation to certain allegations

Procedural issues Admissibility ratione temporis and ratione materiae Substantiation of claims by author Exhaustion of domestic remedies

In any event, the claim under article 16 lacks the minimum substantiation to make it compatible with provisions of the Convention.

Procedural issues State party's failure to cooperate Substantiation of claims by author Admissibility ratione materiae  Exhaustion of domestic remedies

Furthermore, it notes the State party's statement that the complaint should be declared inadmissible for lack of substantiation.

5.4 The State party dismisses the allegations relating to access to lawyers as inadmissible for lack of substantiation.

Here we note that, in the case of separation, the arbiters have unqualified authority in assessing the maltreatment insofar as their decision requires no substantiation.

Accordingly, these claims are inadmissible, for lack of sufficient substantiation for purposes of admissibility, under article 2 of the Optional Protocol.

Procedural issues Substantiation of claims by author Exhaustion of domestic remedies  Applicability of State party's reservation to article 22 of the Covenant

It contends that the extracts from newspapers referred to in the author's comments cannot be viewed as a substantiation of his claims about his innocence.

The decision of the arbiters on that occasion similarly requires no substantiation and is the determining factor in assessing the woman's claim and the extent of the maltreatment.

In the circumstances, the Committee finds that there is no substantiation for the author apos s claim that he was discriminated against on the basis of his nationality.

Furthermore, the claim lacks the substantiation that is necessary in order to render the complaint compatible with article 22, and should therefore be declared inadmissible.

In substantiation of his claim, counsel refers to the findings of the Judicial Committee of the Privy Council in Pratt and Morgan v. Attorney General of Jamaica and of the Supreme Court of Zimbabwe in a recent case.

It submits that the claim under article 3 should be declared inadmissible, since it lacks the minimum of substantiation to make it compatible with provisions of the Convention.

7.3 The State party contends that there is no substantiation to support the author apos s claim of a violation of article 14, paragraphs 3 (c) and 5.

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.

4.6 Finally, the State party considers the complaint manifestly unfounded, as the complainant's claims fail to rise to the basic level of substantiation required in light of the arguments on the merits set out below.

The decision requires no substantiation and the cadi may either accept it or reject it and appoint two other arbiters as a final resort.

It maintains, however, that the complaint should be considered inadmissible in accordance with article 22, paragraph 2, of the Convention, as it lacks the minimum substantiation that would render it compatible with article 22.

5.1 As to the admissibility of the complaint, the complainant maintains that the evidence submitted fulfils the minimum standard of substantiation that it is required in order to make the complaint compatible with article 22 of the Convention.

On the issue of substantiation of claims, the authors argue that they have shown that the reductions of reindeer after the Ministry's decisions was a direct consequence of the impact of logging on pasture areas.

Cases declared inadmissible, inter alia, for lack of substantiation of the claim or failure to advance a claim are communications Nos. 611 1995 (H. Morrison v. Jamaica) and 640 1995 (McIntosh v. Jamaica).

It challenges the admissibility on the basis that the same matter is already being examined under another procedure of international investigation or settlement, for non exhaustion of domestic remedies and for non substantiation of their claims.

F. to return and use the apartment. The judges reportedly based their decision on the following grounds (a) lack of substantiation of the claim that L. F. regularly battered the author and (b) that L.

Pending a review and in depth evaluation of the use of support account resources, including comprehensive substantiation of post and non post requirements, as requested by the Assembly in its resolution 51 239 A, it was not possible at that stage to identify the exact number of posts required.

Accordingly, the Committee considers that the authors have not provided sufficient substantiation for their complaint of a violation of article 14, paragraph 1, and finds this part of the communication inadmissible under article 2 of the Optional Protocol.

12.2 In relation to the scope of the decision on admissibility in the present case, the Committee observes that at the time of the admissibility decision, the author had presented no elements in substantiation of his claim concerning the right to hunt, trap and gather or concerning the exhaustion of domestic remedies in this respect.

13.5 The State party challenged the admissibility of the authors' claim under article 26 because of non substantiation, since the exemption clause under the Norwegian Education Act applies to all parents, regardless of their religion or life stance.

18 Official Records of the General Assembly, Fifty second Session, Supplement No. 40 (A 52 40), vol. I, para. 478 para. 479 provides examples of cases declared inadmissible, inter alia, for lack of substantiation of the claim or failure to advance a claim.

As the author has provided no evidence to demonstrate that the courts' decisions were clearly arbitrary or amounted to a denial of justice, the Committee considers this claim inadmissible under article 2, of the Optional Protocol for non substantiation for purposes of admissibility.

It acknowledges that all domestic remedies have been exhausted, but contends that the complaint is inadmissible since the complainant's claim that she is at risk of treatment in violation of article 3 of the Convention in the event of return to Bangladesh lacks the minimum substantiation that would render the complaint compatible with article 22 of the Covenant.

With regard to the claims under articles 2, 8, 9, 10, 14, paragraph 3 (d), 19, 21, 25 and 26 of the Covenant, the Committee considers that the author has not provided sufficient substantiation in support of his allegations, and accordingly declares them inadmissible under article 2 of the Optional Protocol.

11.3 The authors fear of being subjected to torture was originally based on their political activities for the PRP. The Committee notes that the party is part of the alliance forming the present Government in the Democratic Republic of the Congo, and that the authors fear thus appears to lack substantiation.