Issues and proceedings before the Committee
5.1 Before considering any claims contained in a communication, the Human
Rights Committee must/ in accordance with rule 87 of its rules of procedure,
decide whether or not it is admissible under the Optional Protocol to the
Covenant.
5.2 Article 5> paragraph 2 <a), of the Optional Protocol precludes the
Committee from considering a communication if the same matter is being
examined under another procedure of international investigation or
settlement. The Committee has ascertained that the case is not under
examination elsewhere. The consideration of the same matter in 1987 by the
European Commission of Human Rights does not preclude the Committee's
competence.
5.3 The Committee notes that the author's claim concerning the sale of the
conjugal residence relates primarily to an alleged violation of her right to
property. The right to property, however, is not protected by the
International Covenant on Civil and Political Rights. Accordingly, the
author's allegations in respect of this issue are inadmissible ratione
materiae, pursuant to article 3 of the Optional Protocol, as incompatible with
the provisions of the Covenant.
5.4 As to the author's claims to have been a victim of unfair proceedings and
judicial bias, the Committee notes that they relate in essence to the
evaluation of facts and evidence by the Ketherlands courts. The Committee
recalls its established jurisprudence that it is generally for the courts of
States parties to the Covenant to evaluate facts and evidence in any
particular case. It is not, in principle, for the Committee to review the
facts and the evidence presented to, and evaluated by, domestic courts, unless
it can be ascertained that the proceedings were manifestly artibrary, that
there were procedural irregularities amount to a denial of justice, or that
the judge manifestly violated his obligation of impartiality. After careful
consideration of the material placed before it, the Committee cannot find such
defects. Accordingly, this part of the Communication is inadmissible under
article 3 of the Optional Protocol.
5.5 With regard to the claims of a violation of articles 17, 18, 19, 23 and
27, the Committee notes that the author has failed to substantiate her
allegations, for purposes of admissibility. This part of the communication is
therefore inadmissible under article 2 of the Optional Protocol.
6.
The Human Rights Committee therefore decides:
(a) That the communication is inadmissible under articles 2 and 3 of the
Optional Protocol;
(b) That this decision shall be communicated to the State party and to
the author of the communication.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
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