5.1 In his comments on the State party's observations, the author concedes that the Covenant does not contain a provision prohibiting the enforcement of military and alternative service. He questions, however, the right of the State party to force him to become an accomplice to a crime against peace. The author stresses that the preparations by the State party to deploy nuclear weapons violate articles 6 and 7 and of the Covenant. As the Conscientious Objection Act supports this policy, it is, according to the author, null and void. The author submits that, as he is forced to become an accomplice in a crime against peace, he is therefore a victim of the alleged violation of articles 6 and 7. The author further contends that the whole global population, including himself, is a victim of a crime against peace, 5.2 The author maintains that his defence has been compromised by the refusal of the Court of Appeal to hear L.W. as an expert and witness. The author states that he wanted to prove that his convictions, on which his refusal to perform alternative service was based, were just, and that L.W.'s testimony would have assisted him therein. He claims that the Court of Appeal's refusal to hear L.W. was unfair and arbitrary. Issues and proceedings before the Committee 6.1 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. 6.2 The author alleges that he is a victim of a violation by the State party of article 14 of the Covenant, as the Court of Appeal refused to hear defence witness L.W. The Committee observes that article 14, paragraph 3 (e), guarantees an accused in a criminal trial the right to obtain the attendance and examination of witnessess on his behalf under the same conditions as witnesses against him. The Committee notes that the Court of Appeal had access to L.W.'s testimony given during the trial at first instance. In these circumstances, the Committee notes that the author has not substantiated, for purposes of admissibility, his claim to the effect that the Court of Appeal's refusal to hear the witness L.W. was arbitrary and could constitute a violation of article 14, paragraph 3 (e), of the Covenant. The author thus has failed to advance a claim within the meaning of article 2 of the Optional Protocol. 6.3 With regard to the author's objection to the right of the State to require hint to perform military or alternative national service, the Committee observes that the Covenant does not preclude the institution of compulsory military service by States parties, and refers in this connection to the pertinent provision in article 8, paragraph 3 (c) (ii). Consequently, by mere reference to the requirement to do military, or for that matter alternative service, the author cannot claim to be a victim of a violation of articles 6 and 7 of the Covenant. Therefore, this part of the communication is inadmissible under article 3 of the Optional Protocol, a/ 7. The Human Rights Committee therefore decides: (a) That the communication is inactmissible under articles 2 and 3 of the Optional Protocol; -390-

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