Issues and proceedings before the Committee
5.1 Before considering any claims contained in a communication, the Human
Bights Committee must, is 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 The author has challenged the State party's contention that he failed to
exhaust available domestic remedies in respect of his complaint against the
judges of the Tribunal Correctionnel and the Court of Appeal. For the reasons
set out in the following paragraph, the Committee need not pronounce itself on
this point,
5.3 The Committee notes that the complaint pertains to the evaluation of
evidence and alleged bias of the judges in the case* and recalls its
established jurisprudence that it is generally for the appellate courts of
States parties to the Covenant to evaluate facts and evidence in any given
case. It is not in principle for the Committee to make sucb, an evaluation or
challenge the motivation of decisions handed down by national courts, unless
it can be ascertained that the evaluation of evidence was clearly arbitrary or
amounted to a denial of justice, or that the judge manifestly violated his
obligation of impartiality. Although it has been requested to examine matters
belonging into the latter category, the Committee considers that while the
author has sought to substantiate his allegation, the material before it does
not reveal that the conduct of either trial or appeal suffered from such
obvious defects. Accordingly, the communication is inadmissible as
incompatible with the provisions of the Covenant, pursuant to article 3 of the
Optional Protocol,
6.
The Human Rights Committee therefore decides:
(a) That the communication is inadmissible under article 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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