CCPR/C/130/D/2661/2015
jurisdiction, that those religious associations are not parties in legal relations concerning the
importation of materials containing religious information into its territory and that they
therefore lack status to submit a communication before the Committee. In this regard, the
Committee also notes the authors’ argument to the effect that the violation of rights occurred
in the State party and was committed by its authorities and therefore the second and third
author, although not Kazakh citizens, have standing to challenge the violation of their rights
before the Committee. The Committee further notes that the second and third authors are
members of the boards of directors of two foreign religious entities of Jehovah’s Witnesses
that publish, print and ship to the State party religious literature for use by Jehovah’s
Witnesses. Furthermore, it notes that the State party’s courts accepted that those two foreign
legal entities were adversely affected by the authorities’ decisions refusing permission to
import the religious literature and so had standing to appeal the refusal that has affected the
exercise of their rights in the State party before the domestic courts. For these reasons, the
Committee finds that the authors have demonstrated that they were directly affected by the
refusal of the State party to allow the importation of religious literature and that they were
subject to the jurisdiction of the State party.11 The Committee notes the State party’s assertion
that the communication is inadmissible because it was not submitted personally by the
individual authors. Nevertheless, the Committee observes that the three individual authors
have duly authorized two professional lawyers to act as their representatives in the
proceedings before the Committee. The Committee notes in this regard that the State party
has not disputed the first author’s standing to bring the communication as a Kazakh citizen.
Accordingly, the Committee considers that it is not precluded by article 1 of the Optional
Protocol from examining the communication.
8.4
The Committee also notes the State party’s argument that the authors’ claim on behalf
of all Jehovah’s Witnesses on its territory amounts to an actio popularis. The Committee
further notes that the authors do not provide authorizations from the 17,500 Jehovah’s
Witnesses in the State party to act on their behalf, nor do the authors explain the reasons why
they can represent these persons. Accordingly, and in the absence of further pertinent
information on file, the Committee concludes that this part of the communication is
inadmissible under articles 1 and 3 of the Optional Protocol.
8.5
The Committee notes the authors’ claim that all available domestic remedies have
been exhausted. It also notes the State party’s observation that the authors have not requested
the Office of the Prosecutor General to initiate supervisory review proceedings before the
Supreme Court and have thus failed to exhaust domestic remedies. In this regard, the
Committee notes that the authors appealed directly to the Supreme Court for a supervisory
review, but their application was dismissed. In addition, the Committee recalls its
jurisprudence, according to which a petition for supervisory review to a Prosecutor’s Office,
dependent on the discretionary power of the prosecutor to review court decisions that have
taken effect, does not constitute a remedy which has to be exhausted for the purposes of
article 5 (2) (b) of the Optional Protocol.12 Accordingly, the Committee considers that it is
not precluded by article 5 (2) (b) of the Optional Protocol from examining the present
communication.
8.6
The Committee notes the authors’ claims under article 27 of the Covenant that the
decisions by the State party’s authorities refusing permission for the importation of the 10
religious publications have denied members of the religious minority the right to profess and
practise their own religion, as the religious literature in question was crucial to the regular
religious worship of Jehovah’s Witnesses in the State party. The Committee also notes the
State party’s observations that, of the 79 publications submitted for expert examination, 39
were assessed positively, 23 were returned at the request of the Christian Centre of Jehovah’s
Witnesses without an expert examination having been performed, 7 were being examined
and 10 publications were assessed negatively and permission for their importation denied. It
further notes the State party’s submission that the members of the Jehovah’s Witnesses
religious association have never been denied the right to practise their religion together with
other members of the group and, as is not disputed by the authors, there are over 17,000
11
12
10
General comment No. 31 (2004), para. 10.
Alekseev v. Russian Federation (CCPR/C/109/D/1873/2009), para. 8.4.