State party's observations on admissibility and merits

Complaints to the Ombudsman

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

In addition, the public prosecutors offices were said frequently to fail to take action on criminal complaints against police officers and to fail to give notice of dismissal of complaints or to meet time limits for initiating action on the complaints.

However, the complainant was not very hopeful with regard to the outcome of such a petition.

Complainant's comments on the State party's observations regarding the admissibility and merits of the complaint

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

The complainant's comments on the State party's submission

Complainant's comments on the State party's submissions

These persons may also direct their complaints to the Ombudsman.

The State party's observations on the admissibility of the complaint

(b) The name of the State party against which the complaint is directed

Review of consideration of admissibility

Observations by the State party

Article XI

Article 14

The claim

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

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

Registration of complaints Rapporteur for new complaints and interim measures

5.1 The Committee notes the State party's failure to provide information with regard to the admissibility or merits of the complaint.

The Committee may, if it deems appropriate, decide to sever consideration of complaints of multiple complainants.

In case No. 975 2001 (Ratiani v. Georgia), the author claimed that he was unable to appeal his conviction by the Supreme Court.

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.

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.

The complainant was not the subject of any national or international arrest warrant, nor a request for extradition.

As both the State party and the complainant have commented on the merits of the complaint, the Committee now proceeds to examine the case on its merits.

2.6 On 7 June 2002, the complainant lodged the present complaint with the Committee, requesting interim measures to stay his removal.

He or she also had the right to appeal a detention order (art. 46) and to appeal the pre trial detention decision handed down by the court in a formal hearing (arts. 55 and 56).

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.

State party's submissions on the admissibility and the merits of the complaint

The case against the complainant is still pending.

State party's observations on the admissibility and the merits of the complaint

Appeals process

The Ombudsman

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

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

2.9 The complainant points out that on 4 April 2001, before the National High Court, she refused to enter a plea and complained of the torture she had suffered.

They state that it would have been untenable for the authors to seek to consolidate defamation proceedings with the criminal proceedings instituted by the authorities they are not aware of this ever having happened before.

According to the State party, if the army had forced the complainant to sign the card to prove his membership of EZLN, it would have kept it as evidence.

Issues and proceedings before the Committee

In the complainant's case, the Migration Board took its decision after conducting two comprehensive interviews with the complainant.

The Act makes it possible for clients to complain about a wide range of issues.

Optional non participation of a member in the examination of a complaint 160

No complaint shall be registered by the Secretary General if