3. ADMISSIBILITY AND EXHAUSTION OF DOMESTIC
REMEDIES
3.1
Admissibility
To access remedies beyond national borders, certain basic requirements need to be
fulfilled for the application or the petition to be declared admissible. The admissibility
requirements for complaints from individuals under most regional and international human
rights mechanisms are more or less the same. There are exceptions or differences, which
are discussed under the respective mechanism in sections below. Accordingly, an individual
complaint may be declared inadmissible on the following grounds:
The application is anonymous.
The applicant is not the victim and has not obtained authorisation from the victim or
the victim’s family to make a complaint.
The application is about events which occurred before the treaty (and the individual
complaints procedure tied to it) entered into force for the State concerned. For
example, under Article 27 of the Convention Against Torture, that convention comes
into force (becomes applicable) 30 days after a State has ratified it. This means that if
State X ratifies the convention (and accepts the individual complaint procedure) on 31
March 2000, it will come into force for that State on 30 April 2000. The Committee
Against Torture can then only examine complaints which are about events which
occurred on or after 30 April 2000 (or, in certain circumstances, violations which took
place earlier but can be classified as ‘continuing violations’, with continuing impact
beyond 30 April 2000).
The time-limit for submission of an application has expired. As a general rule, the timelimit begins to run from the time a final official decision is taken in the case. This could
mean the date of the incident where no remedy has been sought (but see below for
exhaustion of domestic remedies), but in general it will mean the date of a decision not
to prosecute, a court judgment, the lodging of a petition by the victim to which no
response has been received, or some other such decision which represents the final step
in the process of seeking a remedy within the domestic system.
The communication is incompatible with the provisions of the relevant convention.
The application is considered manifestly ill-founded or an abuse of the right of
submission. This is the only ground of inadmissibility on which the body concerned can
refer to the facts of a case. It is assessed on a case-by-case basis, and is applied where
it is considered that the facts could not possibly reveal the violation alleged, therefore
being clearly an allegation without any basis for which the right of submission should not
have been used.
The facts of the case have already been examined under this or another procedure of
international settlement.
Domestic remedies have not been exhausted.43
43
This highlighted section is taken from: The Torture Reporting Handbook, Human Rights Centre, University of
Essex, Colchester, 2000, p. 79.
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