Issues and proceedings befQi'e the Committee
6.1 Before considering any claims contained in a communication, the Human
Bights 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 As regards the author's claim that his rights were violated by the
prosecutor's failure to prosecute the author's alleged assailants, the
Committee observes that the Covenant does not provide for the right to see
another person criminally prosecuted. Therefore, this part of the
communication is inadmissible as incompatible with the provisions of the
Covenant, pursuant to article 3 of the Optional Protocol.
6.3 As regards the author's allegation that the trial against him was unfair,
the Committee recalls its constant jurisprudence that it is in principle not
for the Committee, but for the Courts of States parties to the Covenant to
evaluate facts and evidence in a particular case, unless it is apparent that
the Court's decisions were arbitrary and amounted to a denial of justice. In
the circumstances, the Committee concludes that this part of the communication
is inadmissible under article 3 of the Optional Protocol.
7.
The Human Rights Committee therefore decides:
(a) That the communication is inadmissible under article 3 of the
Optional Protocolj
(b) That this decision shall be transmitted to the State party, to the
author and to his counsel.
[Done in English, French, Russian and Spanish, the English text being the
original version,]
Notes
&/
See Official Records of the General Assembly, Forty-fourth Session.
Supplement No. 40 (A/45/40), annex XI, sect. B, communication So. 213/1986,
decision adopted on 30 March 1989, para. 11.6.
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