6.4 The author has contested the independence and impartiality of the Supreme
Military Court. Taking into account the State party's observations, the
Committee finds that the author has failed to substantiate sufficiently his
contention, for purposes of admissibility, and that this part of the complaint
does not constitute a claim under article 2 of the Optional Protocol.
6.5 With regard to the author's objection to the power of the State to
require him to do military or substitute 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
reference to the requirement to do military service or, for that matter
substitute 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 as incompatible with
the provisions of the Covenant.
7.
The Human Eights Committee therefore decides:
(a) That the communication is inadmissible under articles 2 and 3 of the
Optional Protocol;
(b) That this decision shall be communicated to the State party, to the
author and to his counsel.
[Done in English, French, Russian and Spanish, the English test being the
original version.]
Hotes
a/
See European Court of Human Rights, Series A, vol. 22, p. 37,
para. 89.
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