The applicant did not appeal against this decision.

Complaints to the Ombudsman

Since the complainant had made the request without the assistance of counsel, he was unable to appeal the decision to the Refugee Appeals Commission.

4.6 On 27 February 2001 the complainant lodged an appeal with the Aliens Appeals Board.

These persons may also direct their complaints to the Ombudsman.

As stated in our previous report, the Public Complaints Commissioner remains responsible for handling complaints and grievances from the public, including complaints from women.

On the date that the complaint was submitted to the Committee, the appeal to the Bordeaux Administrative Court of Appeal against the judgement upholding the order to deport the complainant was still pending.

4.3 With regard to the complainant's argument that such an appeal did not suspend the deportation order, the State party maintained that the complainant had the option of applying to the interim relief judge of the Administrative Court of Appeal for suspension of the order.

It therefore had to be ascertained whether or not the purported representative, who signed the complaint, was duly authorized to act on the complainant's behalf.

According to the complainant, she had subsequently been informed by the lawyer that the petition had been lodged.

I don't intend making this sort of plea to the courtmartial.

4.3 As to the lack of a public hearing, the State party contends that the authors at no time brought such a complaint before the Court of Cassation.

Review of consideration of admissibility

Observations by the State party

Article XI

Article 14

The claim

2.7 On 4 January 2002, the complainant appealed against this judgement to the Bordeaux Administrative Court of Appeal.

Furthermore, the notice of appeal complained of the violation of various fundamental rights.

It was after this refusal that the father filed his appeal.

The claims concerned separate administrative decisions on the respective party's application for full exemption from the CKREE tuition.

Registration of complaints Rapporteur for new complaints and interim measures

If an appeal fails, appellants can challenge a police decision in the courts by way of judicial review.

The Committee observes that, in respect of the first RRT decision which concentrated on his credibility, the complainant pursued no appeal to the Federal Court and has offered no explanation for his failure to do so.

Indeed, the complainant had successfully made such an appeal to the Limoges Administrative Court.

Subject matter Extent of the review of criminal case against complainant on appeal by Spanish courts

4.4 The State party also argues that the complaint discloses an abuse of the right of submission, disputing whether the complainant can be considered to have justifiable interest in having his complaint considered by the Committee.

The complainant, who appealed the judgement to the Bordeaux Administrative Court of Appeal on 4 January 2002, makes no claim to the Committee that the manner in which the evidence he produced was evaluated by the Court of Appeal was clearly arbitrary or amounted to a denial of justice .

(d) Ensure compliance with several articles of the Convention, including articles 6 to 9, for example by setting up a Law Commission

In the case of kidnapping, he has legal representation and may appeal to a higher court.

2.4 Should an appeal by a convicted prisoner be dismissed by the Court of Appeal he will have no other recourse to any other court to pursue the matter further.

Seventy per cent of complainants considered their claims properly addressed, 78 per cent considered the process fair and 87 per cent indicated they would use it again.

Appeals process

The Ombudsman

8.4 The State party reiterates that the Convention does not impose an obligation to indicate all available appeal mechanisms to a complainant.

Before dying, the complainant's brother told a colleague that it was the complainant himself who had been the target.

Between 30 June 1998 and 30 June 2003, the Court of Final Appeal received 366 applications for leave to appeal (184 criminal 182 civil) and 144 substantive appeals (40 criminal 104 civil).

After 7.30 p.m., the complainant was released, again without being shown an arrest warrant or a release order, nor was he told the reason for his arrest and detention.

In September 2002, the complainant filed a new application with the Aliens Appeals Board in which he asserted that an enforcement of the expulsion order would be inhumane.

An appeal in respect of such a decision may not be submitted to the Joint Appeals Board.

The village police officer then advised the complainant to leave immediately.

Normally civil proceedings are instituted by writ of summons, petition or notice of motion.

13 May 1997

Rule 111.2

Office of the Assistant