CCPR/C/79/D/910/2000 Page 9 9.3 With reference to paragraph 5.6 of the decision on admissibility, the State party says that the regime has always respected the principle of the independence of the judiciary and that the author’s doubts about the President of the court are gratuitous and unfounded claims made with the sole purpose of defaming her. The State party reiterates that the author’s case was tried fairly and openly, in complete independence and impartiality, as the author’s own counsel has noted (so the State party claims). 9.4 In connection with paragraph 5.8 of the decision on admissibility, the State party again refers to its observations of 2 March 2000. Author’s comments on observations by the State party 10.1 In his comments of 3 April, 7 June and 14 July 2002, the author restates his arguments, especially that of the failure by the State party to respect human rights, institutions and legal instruments, and the de facto lack of independence of the judiciary in Togo. Re-examination of the decision on admissibility and consideration of the merits 11.1 The Human Rights Committee has considered the present communication in the light of all the information made available to it by the parties, in accordance with the provisions of article 5, paragraph 1, of the Optional Protocol. 11.2 The Committee has taken note of the observations of the State party of 1 October 2001 and 2002 regarding the inadmissibility of the communication on the ground of failure to exhaust domestic remedies. It notes that the State party has adduced no new or additional elements concerning inadmissibility, other than the observations which it made earlier at the admissibility stage, which would prompt the Committee to re-examine its decision. The Committee therefore considers that it should not review its finding of admissibility of 5 April 2001. 11.3 The Committee passes immediately to consideration of the merits. 12. Noting the fact that the Optional Protocol entered into force for the State party on 30 June 1988, that is, subsequent to the release and exile of the author, the Committee recalls its admissibility decision according to which it would need to be decided on the merits whether the alleged violations of articles 7, 9, 10 and 14 continued, after the entry into force of the Optional Protocol, to have effects that of themselves constitute a violation of the Covenant. Although the author claims that he has been forced into exile and to live apart from his family and relatives, and although he has after the Committee’s admissibility decision provided some additional arguments why he believes that he cannot return to Togo, the Committee is of the view that insofar as the author’s submission could be understood to relate to such continuing effects of the original grievances that in themselves would amount to a violation of article 12 or other provisions of the Covenant, the author’s claims have not been substantiated to such a level of specificity that would enable the Committee to establish a violation of the Covenant.