(d)
hbuse of the right of submission
636. Under article 3 of the Optional Protocol and rule 90 <c) of its rules of
procedure, the Committee shall declare inadmissible any communication that it
considers to be an abuse of the right to submit a communication under the
Optional Protocol.
635. In case No. 367/1989 (J.J.C. v. Canada), the author complained that the
Canadian judiciary was not subject to any supervision; more particularly, he
charged bias and misconduct on the part of a certain judge of the provincial
court of Montreal and the Committee of Enquiry of the Conseil de la
Magistrature. The Committee observed!
"These allegations are of a sweeping nature and have not been
substantiated in such a way as to show how the author qualifies as a
victim within the meaning of the Optional Protocol. This situation
justifies doubts about the seriousness of the author's submission and
leads the Committee to conclude that it constitutes an abuse of the right
of submission, pursuant to article 3 of the Optional Protocol." (amvex X,
sect. K, para. 5,2)
636. In case No. 448/1991 (H.J.H. v. the Netherlands), the author alleged a
violation of the "presumption of innocence" (art. 14, para. 2, of the
Covenant), because he was required to display a vignette on his car indicating
its due registration. The Committee examined whether the facts as submitted
would raise prima facie issues under any provision of the Covenant and
concluded that they did not. The Committee observed:
"that the conditions for declaring a communication admissible include,
inter alia, that the claims submitted be sufficiently substantiated and
do not constitute an abuse of the right of submission. The author's
communication reveals- that these conditions have not been met." (annex X,
sect. Z, para. 4.2)
(e) The requirement of exhaustion of domestic remedies fOptional Protocol,
art. 5, para. 2 (b))
637. Pursuant to article 5, paragraph 2 (b), of the Optional Protocol, the
Committee shall not consider any communication unless it has ascertained that
the author has exhausted all available domestic remedies. However, the
Committee has already established that the rule of exhaustion applies only to
the extent that these remedies are effective and available. The State party
is required to give "details of the remedies which it submitted that had been
available to the author in the circumstances of his case, together with
evidence that there would be a reasonable prospect that such remedies would be
effective" (case No. 4/1977, Torres Ramirez v. Uruguay). The rule also
provides that the Committee is not precluded from examining a communication if
it is established that the application of the remedies in question is
unreasonably prolonged.
638. However, fears about the length or the effectiveness of domestic remedies
as such do not absolve individuals from the requirement of at least making an
effort to exhaust them. Thus, in case No. 358/1989 (R.L. v. Canada),
involving the rights of an Indian band in Canada to control its band
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