CCPR/C/117/D/2124/2011
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
29 March 2017
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication
No. 2124/2011*, **, ***
Communication submitted by:
Mohamed Rabbae, A.B.S and N.A. (represented
by counsels, Ettina Prakken and
Michiel Pestman)
Alleged victims:
The authors
State party:
The Netherlands
Date of communication:
15 November 2011 (initial submission)
Document references:
Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 20 December 2011 (not issued
in document form)
Date of adoption of Views:
14 July 2016
Subject matter:
Incitement to racial or religious hatred by
a politician
Procedural issues:
Victim standing; preclusion ratione materiae;
exhaustion of domestic remedies
Substantive issues:
Right to an effective remedy; right to a fair
hearing; incitement to racial or religious hatred;
right to equality before the law and equal
* Adopted by the Committee at its 117th session (20 June-15 July 2016).
** The following members of the Committee participated in the examination of the communication:
Yadh Ben Achour, Lazhari Bouzid, Sarah Cleveland, Ahmed Amin Fathalla, Olivier de Frouville,
Yuji Iwasawa, Ivana Jelić, Photini Pazartzis, Mauro Politi, Sir Nigel Rodley, Víctor Manuel
Rodríguez Rescia, Fabián Omar Salvioli, Dheerujlall Seetulsingh, Anja Seibert-Fohr, Yuval Shany,
Konstantine Vardzelashvili and Margo Waterval.
*** Seven opinions signed by 11 Committee members are annexed to the present Views. The annexes are
reproduced as received, in the language of submission only.
GE.17-03929 (E)