254 Mizan Law Review Vol. 6 No.2, December 2012 United Nations Human Rights Committee.89 Under Article 5(2)(a) of the Optional Protocol to the International Covenant on Civil and Political Rights, the Human Rights Committee does not consider an individual communication unless it has ascertained that ‘the same matter is not being examined under another procedure of international investigation or settlement.’90 In Fanali v Italy, the Human Rights Committee entertained a communication alleging violation of the right to appeal contrary to Article 14(5) of the ICCPR.91 The author of the communication along with other defendants was tried and sentenced before the Constitutional Court of Italy. His co-defendants submitted complaints to the European Commission of Human Rights while the author did not. Since the respondent State made reservation under Article 5(2)(a) of the Optional Protocol, it argued that the communication was inadmissible as the same matter was being examined before the European Commission of Human Rights. The Human Rights Committee rejected the respondent’s argument and defined ‘the same matter’ as ‘including the same claim concerning the same individual, submitted by him or someone else who has the standing to act on his behalf before the other international body.’92 Although it did not find violation, the Committee found the communication admissible. In O.F. v Norway, the Human Rights Committee was seized with a communication against Norway for violation of Article 14 of the International Covenant on Civil and Political Rights (ICCPR).93 Although the case was submitted to the European Commission of Human Rights, it was rejected since it was not submitted within six months from the time of exhaustion of local remedies. while considering admissibility of the communication, the Human Rights Committee accepted Norway’s argument that ‘Article 5(2)(a) [of the Optional Protocol] prevents simultaneous duplicating procedures.’ Since the European Commission of Human Rights did not examine the communication, 89 Other example include the Inter-American Commission on Human Rights under art 46(1)(c) of the American Convention on Human Rights, adopted by the Inter­ American Specialised Conference on Human Rights on 22 of November 1969 at San Jose, entered into force on 18 July 1978. 90 Art 5(2)(a) of Optional Protocol to the International Covenant on Civil and Political Rights, adopted by General Assembly resolution 2200A (XXI) of 16 December 1966, entered into force on 23 March 1976. 91 Communication No. 75/1980, Fanali v Italy adopted on 31 March 1983 at eighteenth session of Human Rights Committee in International Covenant on Civil and Political Rights: Selected Decisions of the Human Rights Committee under the Optional Protocol CCPR/C/OP/2 Vol 2 para 7.2, p. 100. 92 Ibid, para 7.2 at 100. 93 Communication No. 158/1983, O. F. vNorway (Human Rights Committee) (twentythird session) 26 October 1984 CCPR/C/OP/2.