5.4 Further or alternative to the arguments made above, counsel submits that
the Committee should in any event consider the author's claim for reasons of
"general interest". The Committee ought to have jurisdiction to consider
claims relevant to the general or public interest, even in exceptional cases
where the victim requirement has not been satisfied. A case involving the
promulgation and maintenance in force of resolutions banning an entire
ethnic minority from residing or entering an entire municipality is precisely
the kind of case that should satisfy a "general interest" rule.
5.5 Regarding the State party's argument that an application on the same
matter has also been submitted to the European Court of Human Rights,
counsel contends that the author had already informed the Committee about
that. However, the application filed with the European Court by three other
persons and alleging violations of the European Convention should in no way
preclude the author from filing a separate communication before the
Committee complaining that the resolutions violate the Convention. Counsel
cites jurisprudence of the Human Rights Committee adopting that approach.
5.6 Furthermore, even if the author had filed a separate application with the
European Court of Human Rights concerning the same matter, there is no
provision in the Convention expressly barring the Committee from
examining a case that is already being examined by another international
body.
5.7 The substantive features and intent behind this Convention and the
European Convention are totally different. The application before the
European Court alleges breaches of European Convention provisions,
including the prohibition of inhuman and degrading treatment and the right
to freedom of movement and choice of residence. It seeks, inter alia, a
declaration that certain provisions of the European Convention have been
violated and an award of just compensation. By contrast, the present
communication alleges separate and different violations of the Convention on
the Elimination of All Forms of Racial Discrimination (which is more
concerned than the European Convention with the positive duties and
obligations of States parties not to discriminate on the basis of race, colour or
national origin) and seeks suggestions and recommendations concerning the
Government's obligation to remedy the alleged violations. The simultaneous
filings of claims involving similar matters with the Committee and the
European Court are founded on different legal bases and seek different legal
remedies. They are not, therefore, duplicitous claims.
5.8 Counsel further objects to the State party's argument that the author did
not exhaust domestic remedies. He states that, according to international
human rights jurisprudence, the local remedies rule requires the exhaustion
of remedies that are available, effective and sufficient. A remedy is
considered available if it can be pursued by the petitioner without