4.4 The State party affirms that the author's claims are without any
foundation (rgclamacion carenfce Ae todo fundamento), that the judicial
proceedings against Mr. Wolf were conducted in full respect of the
requirements laid down under Panamanian law, and that the author was not only
represented, but that his representatives used the legal recourses available
to them, in the best interest of their client. The State party adds that if
some of the judicial decisions could not be notified to the author, this was
probably because he had left the national territory. The State party does
not, however, provide further details about the course of the judicial
proceedings, nor about the author's legal representation or the identity of
his representatives•
Issues and proceedings before the Committee
5.1 Before considering any claims 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
Covenant.
5.2 At its thirty-sixth session, the Committee considered the admissibility
of the communication. With respect to the requirement of exhaustion of
domestic remedies, the Committee noted the State party's contention that the
author had failed to avail himself of effective remedies but observed that it
had not, at that point in time, denied that the author had no access to legal
counsel, nor indicated how he could have resorted to further local remedies in
the absence of such assistance. In the circumstances, the Committee concluded
that the requirements of article 5, paragraph 2 (b>, of the Optional Protocol
had been met.
5.3 On 27 July 1989, the Committee declared the communication admissible and
asked the State party to forward copies of the indictments against the author
and of any relevant court orders and decisions. None were received*
5.4 The Committee has noted the State party's submission of 6 December 1989,
made after the decision on admissibility, in which it again argues that the
communication is inadmissible on the ground of non-exhaustion of domestic
remedies, and that the author had had legal representation. The Committee
takes the opportunity to expand on its admissibility findings.
5.5 The State party submits, i» general terms, that judicial proceedings
against the author remain pending, and that the latter was assigned legal
counsel. It is implicit in rule 91 of the Committee's rules of procedure and
article 4, paragraph 2, of the Optional Protocol, that a State party to the
Covenant should make available to the Committee all the information at its
disposal; this includes, at the stage of the determination of the
admissibility of a communication, the provision of sufficiently detailed
information about remedies pursued by, as well as remedies still available, to
the author. The State party has not forwarded such information. It has
confined itself to the observation that the author's representatives availed
themselves of the legal remedies open to the author, in his best interest.
Thus, there is no reason to revise the Committee's decision on admissibility*
6.1 Concerning the substance of Mr. Wolf's allegations, the Committee notes
that the State party has confined itself to statements of a general nature, by
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