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;
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