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4. 5 Regarding the author’s claim that his incarceration from 8 October 1981 to 7 October 1982
was arbitrary, in violation of article 9, paragraph 1, of the Covenant, given that his conviction
was expunged by Amnesty Law 82/21, the Committee recalls that it cannot consider alleged
violations of the Covenant which occurred before the entry into force of the Optional Protocol
for the State party, unless these violations continue after that date or continue to have effects
which in themselves constitute a violation of the Covenant.7 It notes that the author’s
incarceration in 1981-82 predates the entry into force of the Optional Protocol fo r the State party
on 27 September 1984. The Committee observes that, while punishment suffered as a result of a
criminal conviction that was subsequently reversed may continue to produce effects for as long
as the victim of such punishment has not been compensated according to law, this is an issue
which arises under article 14, paragraph 6, rather than under article 9, paragraph 1, of the
Covenant. It does not therefore consider that the alleged arbitrary detention of the author
continued to have effects beyond 27 September 1984, which would in themselves have
constituted a violation of article 9, paragraph 1, of the Covenant. The Committee concludes that
this part of the communication is inadmissible ratione temporis under article 1 of the Optional
Protocol.
4.6 As to the author’s allegation that he was not compensated for his unlawful detention in
1981-82, the Committee considers that the author has not provided sufficient information to
substantiate his claim, for purposes of admissibility. In particular, he did not provide copies, nor
indicate the date or addressee of any letters to the competent authorities, claiming compensation.
It follows that this claim is inadmissible under article 2 of the Optional Protocol.
4.7 Insofar as the author claims a viola tion of articles 7 of the Covenant in that he was
physically and mentally tortured in detention after his re-arrest on 9 June 1985 (and which
allegedly resulted in a stroke which paralyzed his left side), the Committee notes that he has not
provided any details about the ill- treatment allegedly suffered, nor copies of any medical reports
which would corroborate his allegation. Therefore, the Committee concludes that the author has
not substantiated this claim, for purposes of admissibility, and that this part of the
communication is inadmissible under article 2 of the Optional Protocol.
4.8 With regard to the author’s claim that his arrest on 31 May 1985 and his subsequent
detention were measures designed to punish him for the publication of his regime-critical
pamphlets, in violation of article 19 of the Covenant, the Committee finds that the author has not
substantiated, for purposes of admissibility, that said detention was a direct consequence of such
publications. It follows that this part of the communication is also inadmissible under article 2 of
the Optional Protocol.
4.9 As regards the author’s claim under article 25 (b) of the Covenant, the Committee is of the
view that exercise of the right to vote and to stand for election is dependent on the name of the
person concerned being included in the register of voters. If the author’s name is not on the
register of voters or is removed from the register, he cannot exercise his right to vote or stand for
7
See Communication No. 520/1992, Könye and Könye v. Hungary, Decision on admissibility
adopted on 7 April 1994, at para. 6.4; Communication No. 24/1977, Sandra Lovelace v. Canada,
Views adopted on 30 July 1981, at para. 7.3.