CCPR/C/83/D/1023/2001
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inadmissible under article 1 of the Optional Protocol insofar as it related to the Muotkatunturi
Herdsmen’s Committee and/or its constituent members, other than Jouni and Eino Länsman.
6.2 On the issue of exhaustion of domestic remedies, the Committee noted that with the
Supreme Court’s decision of 22 June 1995 there were no further avenues available to
challenge the decision to undertake logging in the Pyhäjärvi and Kirkko-outa areas (the areas
at issue in the earlier communication). Accordingly, the Committee considered that the issue
of whether logging of these areas has had effects, in terms of article 27, greater than
anticipated by either the Finnish courts in those proceedings or by the Committee in its Views
on case No. 671/1995 is one that is admissible.
6.3 Regarding the Kippalrova area in which logging was planned, the Committee noted that
this forest tract fell within the area covered by the Supreme Court decision of 22 June 1995.
Accordingly it did not appear that further judicial review of this decision was possible.
Accordingly, the Committee held the issues arising from the proposal to log this area to be
admissible.
6.4 As to the 1998 logging in Paadarskaidi (outside the area covered by the Supreme Court
decision), the Committee noted that the domestic remedies to which the State party points are
all instances that have dealt, in terms of article 27, with logging plans prior to those plans
being executed. In such circumstances, the decision on the anticipated future effects of
logging is by necessity speculative, with only subsequent events bearing out whether or not
the initial assessment was correct. The Committee observed that other cases referred to by
counsel have also been challenges to proposed logging in advance. The Committee
considered that the State party had not demonstrated, on the information supplied, what
domestic remedies might be available to the authors seeking compensation or to obtain
another appropriate remedy for an alleged violation of article 27 by virtue of logging that has
already taken place. Accordingly, the Committee considered that the question of the effects,
in terms of article 27, of logging in the Paadarskaidi already carried out was admissible.
6.5 On proposed further logging in Paadarskaidi, the Committee noted the authors’
contention that no claim before the Finnish courts seeking to prevent logging taking place had
been successful. While mindful of the need to examine whether the judicial remedies in
question were available and effective in practical terms, the Committee had insufficient
information before it in terms of the numbers of actions brought, the arguments invoked and
their outcomes to conclude that the judicial remedies invoked by the State party were
ineffective. Accordingly, this portion of the communication was considered inadmissible
under article 5, paragraph 2(b), of the Optional Protocol.
6.6 Taking into account the authors’ contention that they had suffered a significant
reduction in the number of reindeer that they are permitted to raise in their herding areas, the
Committee considered that the parts of the communication that have not been found
inadmissible for lack of standing or failure to exhaust domestic remedies had been
substantiated, for purposes of admissibility.
6.7 On 1 April 2003, the Committee declared the communication admissible insofar as it
relates to the cumulative effects on the exercise by Jouni and Eino Länsman of their rights
under article 27 of the Covenant arising from the logging that had taken place in the
Pyhäjärvi, Kirkko-outa and Paadarskaidi areas, along with the proposed logging in
Kippalrova.