-5The State party’s observations and counsel’s comments thereon
4.
On 23 June 1997, the Committee, acting through its Special Rapporteur on New
Communications, transmitted the communication to the State party, requesting information and
observations, without however requesting interim measures of protection under rule 86.
5.
By note of 6 November 1997, the State party confirmed that domestic remedies had been
exhausted. The State party denied however, that it had violated international obligations. The
State party submitted that it was prepared to supply any relevant information which the
Committee might request, either orally or in writing.
6.
In his comments on the State party’s submission, counsel noted that the State party
conceded that domestic remedies had been exhausted and that it did not adduce any other
grounds on the basis of which the communication should be inadmissible. Counsel agreed that
the matter should be considered on its merits.
The Committee’s admissibility decision
7.
At its 63rd session, the Committee considered the admissibility of the communication. It
ascertained, as required under article 5, paragraph 2(a), of the Optional Protocol, that the same
matter was not being examined under another procedure of international investigation or
settlement. The Committee noted that the State party had confirmed that all domestic remedies
had been exhausted.
8.
Consequently, on 7 July 1998 the Committee found the communication admissible and
decided that the question whether or not the State party has violated its obligations under the
Covenant in the authors’ case should be examined on the merits.
Further developments
9.1
On 3 August 1998, the Committee’s decision on admissibility was transmitted to the
State party, with the request that the State party provide written explanations or statements on the
substance of the authors’ claims. No information was received, despite two reminders sent to the
State party.
9.2
On 28 January 1999, counsel for the authors informed the Committee that
Mr. John Macnab had been elected Captain of the Rehoboth community. In a further letter,
dated 25 April 1999, counsel informed the Committee that the community’s water supply had
been cut off. He reiterated his request for interim measures of protection.
Consideration of the merits
10.1 The Human Rights Committee has considered the present communication in the light of
all the written information made available to it by the parties, as provided in article 5,
paragraph 1, of the Optional Protocol.