relationship between father and son ... must be deemed sufficient to
justify representation of T.R.S, before the Committee by his father."
(annex X, sect. K, para. 5.2)
(b)
No claim under article 2 of the Optional Protocol
624. Article 2 of the Optional Protocol provides that "individuals who claim
that any of their rights enumerated in the Covenant have been violated and who
have exhausted all available domestic remedies may submit a written
communication to the Committee for consideration".
625. Although at the admissibility stage an author does not need to prove the
alleged violation, he must submit sufficient evidence in substantiation of his
allegation to constitute a prima facie case. A "claim" is, therefore, not
just any allegation, but an allegation supported by a certain amount of
substantiating evidence. Thus, in cases where the Committee finds that the
author has failed to substantiate his claim for purposes of admissibility, the
Committee has held the communication inadmissible/ according to rule 90 (b) of
its rules of procedure, declaring that the author "has no claim under
article 2 of the Optional Protocol"*
626. In case No. 363/1989 (R.L.M. v* France), a French citizen of Breton
origin claimed that the French educational authorities had consistently
discriminated against him by denying him the possibility to teach the Breton
language on a full-time basis in high schools in Brittany. The Committee
dismissed the author's allegation of a violation of the right to freedom of
expression as unsubstantiated and observed that, in that respect, the author
had failed to advance a "claim" within the meaning of article 2 of the
Optional Protocol, It further noted that the author had not seized the French
judicial authorities of his grievances under article 26 of the Covenant and
added that any doubts on the author's part about the effectiveness of local
remedies did not absolve him from exhausting them (annex X, sect. J ) .
627. In cases Nos. 347/1988 (S.G. v, France) and 348/1989 (G.B. v. France),
the complainants had been convicted by a French court for defacing roadaigns
as part of a campaign to defend the Breton language. They claimed, inter
alia, that their right to freedom of expression (art. 19 of the Covenant) had
been denied. The Committee considered that the authors had failed to
substantiate their claims for purposes of admissibility, and observed further
that the defacing of roadsigns did not raise issues under the right of freedom
of expression (annex X, sects. F and G ) .
628. In cases Nos. 401/1991 (J.P.K. v. the Netherlands) and 403/1991 (T.W.M.B
v. the Netherlands), the complainants claimed that the requirement to do
military service in an army equipped with nuclear weapons amounted to forcing
them to become accomplices to the crime of genocide and crimes against peace.
They alleged a violation of the right to life (art. 6 of the Covenant) and the
right not to be subjected to torture (art. 7 ) . The Committee observed that
the Covenant did not preclude the institution of compulsory military service
and that consequently the complainants had not substantiated any claim in
respect of these articles by mere reference to the requirement to do military
service (annex X, sects. T and U ) .
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