Part II Admissibility Under the ICCPR, 6 Exhaustion of Domestic Remedies
From: The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary (3rd Edition)
Sarah Joseph, Melissa Castan
- State succession — Exhaustion of local remedies — Existence of a dispute — Burden of proof
The Committee shall not consider any communication from an individual unless it has ascertained that…the individual has exhausted all available domestic remedies. This shall not be the rule where the application of the remedies is unreasonably prolonged. [6.01] This rule of admissibility ensures that States Parties are furnished with an opportunity to correct any municipal human rights abuses before the matter is addressed at the international level. The Human Rights Committee (HRC) spelt out the rationale behind article 5(2)(b) in TK v France (220/87):1 ¶8.3. The...