E/C.12/75/D/226/2021 E/C.12/75/D/227/2021 3.2 The authors add that the uncertain housing situation that they endured for 16 years, the risk of the separation of the family in emergency shelters and the threat of eviction amount to a violation of article 17 of the International Covenant on Civil and Political Rights. 3.3 The authors claim that they have exhausted domestic remedies, as they appealed the various judicial decisions against them, with the exception of the decision of 15 March 2021, as it was deemed that an appeal against a firm sentence in the absence of any new evidence would certainly have been rejected and would have made them liable for further legal costs. They note that they have requested social housing on several occasions and that there are no other domestic remedies that they can pursue to stop their eviction. State party’s observations on admissibility and the merits General remarks and comments on admissibility common to the cases 4.1 On 15 March 2022, the State party submitted its observations on the admissibility and merits of the communications. 4.2 The State party notes that the Constitutional Court deals only with infringements of the 1948 Constitution and can act either ex officio, through a prosecutor, or upon request from the plaintiff or defendant. It adds that, when the Court considers that an act is unconstitutional, such evaluation leads to a suspension of the a quo proceeding. The State party mentions that, pursuant to article 134 of the Constitution, the Constitutional Court decides on disputes concerning: (a) the constitutionality of laws and acts with the force of law adopted by the State or the regions; (b) the allocation of powers among branches of government, within the State, between the State and the regions and among the regions; and (c) charges brought against the Head of State in accordance with the Constitution. The State party notes that, more generally, the Constitutional Court decides on the validity of legislation, its interpretation and the question of whether its implementation, in form and substance, is in line with the Constitution. It also notes that, when the Court declares a law or an act with the force of law to be unconstitutional, the norm loses force the day after the publication of the decision. 4.3 Regarding the admissibility of the communications, the State party contends that the authors have failed to exhaust domestic remedies, noting that remedies must be available, effective and sufficient or adequate. The State party emphasizes that the rule regarding the non-exhaustion of domestic remedies becomes relevant when such remedies are unavailable, when they lack effectiveness or adequacy and when there is a denial of justice or the remedies that apply are discretionary. The State party argues that, contrary to the claims made in the communications, none of the above applies in the present cases. 1 Communication No. 226/2021 4.4 Regarding the communication submitted by Mr. Saydawi, the State party contends that, during a meeting of the Provincial Committee on Order and Public Safety of 1 4 The State party refers to Silvia D’Ascoli and Kathrin Maria Scheer, “The rule of prior exhaustion of local remedies in the international law doctrine and its application in the specific context of human rights protection”, EUI Working Paper LAW, No. 2007/2 (European University Institute, 2007), p. 13; and Martin Dietrich Brauch, “Exhaustion of local remedies in international investment law”, IISD Best Practices Series (International Institute for Sustainable Development, January 2017). The State party notes that the origins of the rule regarding the exhaustion of local remedies lie in the context of customary international law, following the logic that, “before a state may exercise diplomatic protection, the foreign national must have sought redress in the host state’s domestic legal system” (Andrew Newcombe and Lluís Paradell, Law and Practice of Investment Treaties: Standards of Treatment (Alphen aan den Rijn, Kluwer Law International, 2009), p. 6). In addition, the State party refers to Cesare P.R. Romano, “The rule of prior exhaustion of domestic remedies: theory and practice in international human rights procedures”, in International Courts and the Development of International Law, Nerina Boschiero and others, eds. (The Hague, T.M.C. Asser Press, 2013); Theodor Meron, Human Rights and Humanitarian Norms as Customary Law (Oxford, Clarendon Press, 1989); and Roberto Ago, “La regola del previo esaurimento dei ricorsi interni in tema di responsabilità internazionale”, Archivio di diritto pubblico (Padua, CEDAM), vol. 3, No. 2 (May–August 1938). GE.24-03814