5.4 With regard to the alleged violation of article 26, the Committee
observes that although the author has claimed that effective remedies are
lacking, it is clear from his submissions that he has »ot pursued any judicial
or administrative remedies in this respect. His submissions to the competent
authorities and his correspondence with the Rectorate of the Academy of Nantes
and Rennes cannot be deemed as exhaustion of available administrative and
judicial remedies. The Committee reiterates that article 5, paragraph 2 (b),
of the Optional Protocol, by referring to "all available domestic remedies",
clearly refers in the first place to judicial remedies, b/ The author has not
shown that he could not have resorted to the administrative and judicial
procedures which the State party has plausibly submitted were available to
him, or that their pursuit could be deemed to be, a priori, futile. In fact,
it appears from the author's submissions that he does not envisage availing
himself of these remedies. The Committee finds that his doubts about the
availability and effectiveness of domestic remedies do not absolve him from
exhausting them, and concludes that the requirements of article 5,
paragraph 2 (b), have not been met.
5.5 The author has also invoked article 2 of the Covenant. The Committee
recalls that article 2 is a general undertaking by States parties and cannot
be invoked, in isolation, by individuals under the Optional Frotocol. c/ As
the author's claims relating to articles 19 and 26 are inadmissible under
articles 2 and 5, paragraph 2 (b), of the Optional Protocol, it follows that
R.L.M, cannot invoke a violation of article 2 of the Covenant.
6.
The Human Rights Committee therefore decides:
(a) That the communication is inadmissible under articles 2 and 5,
paragraph 2 (b), of the Optional Protocol;
(b) That this decision shall be communicated to the State party and the
author of the communication.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
Notes
Official Records of the General Assembly. Forty-fifth Session.
Supplement Ho. 40 (A/45/40), vol. II, annex X, sect. A, communication Ho.
220/1987 fT.K. v. France), decision of 8 November 1990, para. 8.6 and
appendices I and II.
b/
See ibid., Forty-fourth Session, Supplement Ho. 40 (A/44/40),
annex XI, sect. D, communication No. 262/1987 (R.T. v. France), decision of
30 March 1989, para. 7.4.
£/
See ibid.. Forty-fifth Session, Supplement No. 40 (A/45/40),
vol. II, annex X, sect. I, communication Ho. 268/1987 (M.G.B. and S.P. v.
Trinidad and Tobago), decision of 3 November 1989, para. 6.2.
-371-