CCPR/C/79/D/910/2000
Page 12
effective remedies, as claimed by the author, the Committee has made a decision which,
legally speaking, is questionable and could even be contested.
6.
It is to be feared that this decision will constitute a vexatious precedent, in the sense
that it could be taken to condone a practice that lies outside the scope of article 5, paragraph 2
(b), of the Optional Protocol.
To sum up, I am of the view that, considering the circumstances described in the
communication, the author’s doubts about the effectiveness of the domestic remedies do not
absolve him from exhausting them. The Committee should have concluded that the provision
contained in article 5, paragraph 2 (a), of the Optional Protocol had not been satisfied and that
the communication was inadmissible.
(Signed): Abdelfattah Amor
[Done in English, French and Spanish, the French text being the original version.]