CCPR/C/72/D/884/1999
page 8
objective of the complaint, namely, to allow the author to stand in the Riga City Council
elections in 1997 by restoring her name to the electoral list.
5.11 Counsel maintains that the State party contradicts itself when it says, on the one hand,
that it cannot agree that domestic remedies have been exhausted, since neither of the two
possible remedies it mentions for verifying the appropriateness of the author’s certificate has
been used, and, on the other hand, that, according to the communication, the author challenges
the legality of striking her off the list of candidates but not the SLB’s opinion that her
proficiency in Latvian was not of the required level 3. In any case, each of the procedures
mentioned by the State party to verify the appropriateness of the author’s certificate takes several
months at least and therefore would not have allowed the author to stand in the 1997 elections.
In that regard, counsel recalls that the decision to bar the author was taken 26 days before
the elections. Time constraints precluded any effort on the author’s part to avail herself
subsequently of any other legal remedy.
The Committee’s deliberations concerning admissibility
6.1
Before considering any claim contained in a communication, the Human Rights
Committee must, in accordance with rule 87 of its rules of procedure, decide whether or not it is
admissible under the Optional Protocol to the International Covenant on Civil and Political
Rights.
6.2
The Committee observes that the State party contests the admissibility of the
communication on the grounds that domestic remedies have not been exhausted, since the author
did not contest the SLB’s conclusion that her knowledge of the language was not of the required
standard, but contested the Election Commission’s decision to strike her off the list. The
Committee cannot agree with the State party’s argument that this shows that the author had not
exhausted the available remedies, since at the time the author was in possession of a valid,
legally issued certificate demonstrating her knowledge of the official language to the required
standard, which the State party itself does not contest.
6.3
The Committee also notes counsel’s arguments that the remedies listed by the State party
are not effective remedies and that the State party has not proved that they are effective or indeed
contested counsel’s arguments. The Committee also takes account of counsel’s comment that
the remedies listed by the State party take several months to reach a conclusion in any case and
to have exhausted them would have meant that the author would not have been able to stand in
the elections. The Committee notes that counsel’s reactions were brought to the attention of the
State party, but that the latter did not respond. Under the circumstances, the Committee
considers that there is no impediment to the admissibility of the communication.
6.4
The Committee therefore declares the communication admissible and decides to proceed
to an examination of the case on its merits, in accordance with article 5, paragraph 2, of the
Optional Protocol.