Sample form of complaints in the UN Human Rights Committee
Message to address:
Petitions Team.
Office of the High Commissioner
for Human Right
United Nations Office At Geneva
1211 GENEVA 10, SWITZERLAND
for messages in accordance with:
Optional Protocol to the International Covenant on Civil and Political Rights
- Convention against torture or
- Convention on the Elimination of Racial Discrimination
Please indicate which of the above procedures you refer: .......
Address for correspondence in connection with this complaint: ............
The message appears:
On behalf of another person: ............
[If the complaint is presented on behalf of another person:]
Please inform the identity of this other person:
Surname: ............ name (names): ............
Citizenship: ............ Date and place of birth: ............
Address or current location: ............
If you act from the knowledge and consent of this person, please imagine the permission to submit this complaint with this person: ............
If you are authorized to this, please explain the character of your relationship with this person: ............
and specify the reason for which you consider it necessary to submit this complaint from his or her name: ............
II. Affected state / violated articles
The name of the state, which is either a member of the Optional Protocol (if the complaint is aimed at the Committee on Human Rights), or made a relevant statement (if it comes to complaints of the Committee against Torture or the Committee on Eliminate Racial Discrimination):
Articles of the Covenant or Convention, which are supposed to be violated:
III. Exhaustion of domestic remedies / application of other international procedures
Measures taken by alleged victims or on their behalf to provide legal protection in the state-specified state from the alleged violation - specify the details of the procedures that were used, including appeal to the courts and other state bodies, which statements you did when and what are their results: ...... ......
If you have not exhausted these remedies on the grounds that their use is unreasonably delayed that they will not be effective that they will not be provided to you or for any other reason, please explain in detail your arguments: ............
Did you see the same question for consideration in accordance with any other procedure of an international investigation or settlement (for example, for consideration by the Inter-American Commission on Human Rights, the European Court of Human Rights or the African Commission on Human Rights and Peoples)? ............
If yes, specify in detail what procedures were used or used, which statements you did when and what are their results: ............
IV. Facts outlined in the complaint
Outlist in detail in chronological procedure the facts and circumstances of the alleged violations. Include all questions that may be related to the assessment and consideration of your particular case. Please explain how, in your opinion, the stated facts and circumstances violate your rights:
………………………………
………………………………
[Passing in various sections of this sample message indicate only that your answers are needed. You can express your answers as in detail as needed.]
V. List of subsidiary documents (copies, not originals that are attached to the complaint):
- written permission (if you submit a complaint on behalf of another person and do not explain in any other way the lack of a specific permission):
- solutions of domestic ships and authorities on your complaint (a copy of the relevant national legislation is also desirable): ............
- Complaints and solutions in accordance with any other procedure of international investigation or settlement: ............
- Any documents or other certificates available at your disposal that confirm the facts of your complaint set out in Part IV, and / or your arguments that the following facts are a violation of your rights: ............
If you did not attach the above information and it will be necessary to request directly if you have or if the concomitant documentation is not presented in the working languages \u200b\u200bof the Secretariat, you may need more time to consider your complaint.
The UN Committee on Human Rights is created in accordance with International Covenant on Civil and Political Rights. The International Covenant on Civil and Political Rights was adopted by the UN General Assembly on December 16, 1966. The Pact entered into force on March 23, 1976, after it ratified 35 states and currently participants in the Covenant are more than 130 states.
For Belarus, the Pact has entered into force for the State party on March 23, 1976, and the Optional Protocol - January 10, 1992 (Date of Joining) , what provided the opportunity BelorussaM Contact UN Committee on Human Rights. From that moment on, the state is obliged to guarantee the rights and freedoms established in the Covenant, each person. All laws of our country and any legal acts must fully comply with the provisions of the Covenant.
This is the same as stated in Article 61 of the Constitution of the Republic of Belarus:
"Everyone has the right in accordance with international legal acts ratified by the Republic of Belarus, to contact international organizations in order to protect their rights and freedoms, if all available domestic remedies have been exhausted."
Thus, each person who believes that his rights are violated is entitled to appeal to any international organizations, including in the Human Rights Committee. To do this, comply with certain requirements for such an appeal.
Applicant: Who can contact
With a complaint ("complaint" in the Optional Protocol means "Message") only individuals can apply to the Human Rights Committee. Such right does not have a group of persons nor the organization. In other words, unions, trade unions, funds, societies, groups of students or workers, etc. cannot apply with complaints.
With a complaint, a citizen of a given country or a foreigner, living (abiding) in the territory of this state, can apply.
The right to apply with the complaint has only a person who feels a victim of violation by the state body of one of the rights proclaimed in the Covenant. This means that with a complaint can contact directly the victim, which, as a result of human rights violation, was caused by any damage. In special cases, for example, if the victim of human rights violation is serving a sentence in the form of imprisonment or is in a psychiatric hospital, the Committee accepts complaints filed by family members.
With a complaint, you can also apply through the Commissioner (for example, a lawyer), which must submit to the Committee on Human Rights relevant power of attorney.
Written agreement is not required in cases when:
- Parents are a suit on behalf of young children or guardians on behalf of persons who are not able to give official consent
- The face is in prison, without having access to the external world (the Committee will not require an official permission to make a complaint on behalf of another person).
Committee requirements for complaints According to human rights
The requirements for complaints are set out in Protocol No. 1 to the Covenant and reflect in the case law of the Committee. All requirements are the criteria of acceptability, which the appeal must comply.
Main criteria:
- Rights and freedoms, whose violation refers to the applicant must be reflected in the Covenant.
- The complaint cannot be anonymous or contain signs of abuse of right to defense.
- A similar complaint should not be under consideration (proceedings) in another international instance.
- Prior to conversion to the complaint, all internal (national) mechanisms for the protection of violated law should be exhausted, provided that there is no unjustified delay in such mechanisms.
- The applicant must be a victim of violations to which he refers in the complaint.
- The complaint should be prepared in writing, comply with the established form and is supplied in the manner prescribed by the procedure.
A complaint may concern only the individual decision made by the state body, which, according to this person, violates his human rights, guaranteed in the Covenant. This may be, for example, the decision of the administrative body, the prosecutor, the court decision, etc.
A complaint cannot concern the content of the law or another legal act, even if this legal act clearly contradicts the Covenant. The Human Rights Committee has no right to verify the compliance of domestic laws by the provisions of the Covenant.
The complaint cannot be made in the interests of the public, i.e. It is impossible, for example, to formulate generalized accusations in poor handling of prisoners, about the errors in legal proceedings, about violations of the secrets of correspondence. A complaint may concern exclusively violation of certain human rights regarding a particular person.
Complaint Item:
Please note that the subject of the complaint can only be human rights, proclaimed in the Covenant:
Right to life (Art. 6).
Prohibition of torture or cruel, inhuman or degrading treatment or punishment (art. 7).
The main right, often broken in the fields of deprivation (limitations) of freedom.
Prohibition of slavery and slave trade (Art. 8).
The right to freedom and personal integrity (Art. 9).
- The right of persons devoid of freedom for humane treatment (Art. 10).
Prohibition of imprisonment on the grounds that this person is not able to implement the contractual obligations (Article 11).
The right to free movement on the territory of the state and the choice of the residence, as well as the right to leave any country (Article 12).
The rights of a foreigner in connection with the expulsion decision (Article 13).
- The right to an independent and impartial court (Art. 14).
The principle of the presumption of innocence and the prohibition of the inverse force of criminal law (Article 15).
Protection of personal and family life, housing immunity, as well as the secrets of correspondence (Art. 17).
Freedom of thought, conscience and religion (Art. 18).
Freedom of speech (Art. 19).
Prohibition of propaganda of racial, national or religious hatred (Art. 20).
The right to peaceful meetings (Art. 21).
The right to freedom of association with other people (Art. 22).
The rights of spouses and family (Art. 23).
The rights of the child (Art. 24).
The right to take part in public life (Art. 25).
The rights of persons belonging to the national minority (Art. 27).
Equality before the law and prohibition of discrimination (Art. 2, paragraph 1; Art. 26)
The Committee does not accept complaints relating to human rights violations that are not proclaimed in the Covenant.
Primary requirements Complaints
- The feeding complaint is obliged use all the internal means of appeal, provided for by national legislation. So, in the court cases it is necessary to appeal the decision in the court of the higher authority. In administrative cases should contact a higher authority; If the internal legislation provides for a trial of administrative affairs, the decision should be appealed to the competent court.
- The principle of exhaustion of the means of appeal means that the subject of a complaint can be only a final decision (a court decision that has entered into legal force).
No deadlines for filing a complaint from the date of adoption by the state authority the final decision is not established.
- It is impossible to abuse the right of appeal. This means that, for example, the content of the complaint cannot be offensive for the state, cannot contain false information, the applicant should not speak with unimportant accusations, nor use the control mechanism without sufficient grounds.
- 4. The Human Rights Committee rejects the complaint if the same question is already considered by another international body, for example, the European Court of Human Rights. Therefore, it is impossible to handle complaints of the same content in various international bodies.
The complaint should contain the following data:
- personal data: last name, name, citizenship, profession, date and place of birth, address;
- an indication of the state against which the complaint is submitted;
- articles that, according to the applicant, were violated;
- domestic funds (mechanisms) of the legal protection undertaken by the applicant and their results.
- your justifications of human rights violations.
The complaint needs to make copies of all documents that are essential to permit this case. The complaint can be drawn up in Russian. If you have the opportunity to translate the complaint and the accompanying documents for one of the working languages \u200b\u200b- English, French, Spanish, then it can speed up the process of consideration of the complaint.
How complaints are considered
The UN Human Rights Committee considers the complaints, as a rule, for a long time - several years. The UN CCC is not considered a lawsuit that is authorized to investigate, collect evidence, interrogate witnesses, etc. The limits of the Committee's capabilities are limited to the consideration of written information - what is represented by the applicant and the state in respect of which a complaint was filed. Oral testimonies are not accepted.
Who and that from the parties should prove - is determined individually, based on the circumstances of the case and the content of the complaint. As a general rule, if the state did not respond to the request, did not provide information and documents, the Committee will take the position of the applicant as it is. Similar consequences can be when the state responds, but does not lead weighty evidence of its position. On the other hand, the abreation of the applicant is unacceptable - it should not just declare a violation, but also explain what facts and circumstances testify to this. If the applicant does not have a real opportunity to receive and submit evidence (for example, it does not issue any documents), such evidence can be exterminated by the Committee from the state of the violator. In some cases, the CCC may offer the country to investigate the circumstances set out in the complaint and provide its results at the disposal of the Committee.
In general, after filing and making a complaint, a sufficiently long-term process of information request, its provision, data exchange, etc. begins. between the Committee and the Parties of the case. If there is a chance that the delay associated with this process will cause the applicant of serious and irreparable damage, the Committee may invite the violator to take temporary measures in order to prevent such damage for the period of consideration of the complaint.
Complaints in order of priority and as their readiness for consideration at the meeting of the Committee are permitted at one of the plenary sessions. Such sessions are held three times a year - in spring, summer and autumn. Essentially, the complaints are accepted by "considerations", in which the conclusion is made on the presence / absence of violations (violations). The decision of the UN Human Rights Committee is communicated to the parties to the parties and gives publicity at the end of the session.
The consideration procedure consists of two main stages:
- Suitable complaint
- solutions essentially where the applicant's rights were violated whether
The whole procedure is confidential and carried out in writing. The content of all aspects of communication with the Committee is not subject to publishing. At the same time, the appeal itself may be made public at the request of the applicant.
The Human Rights Committee rejects the complaint if it does not meet the formal requirements. Will a complaint with an acceptable complaint, the Committee sends the state to the state in respect of which it was filed.
The state is obliged to provide an explanation in the committee indicated by the Committee. The state also provides information and documents related to the issue of admissibility. The explanations of the state are transferred to the complaint with the possibility of submitting their comments. At any stage of the proceedings, the Committee may contact the complaint for providing additional information or clarification. The Committee decides on the unacceptability of the complaint if it does not meet the formal requirements (see above), and notifies the applicant about this and the corresponding state.
The decision to recognize the complaint is admissible to the corresponding state and the applicant. This decision is final. Within 6 months, the state is obliged to submit clarifications, information, as well as to indicate which measures it has taken or is going to take in favor of the complaint. Copies of these documents receive a complaint that has the right to submit his comments and comments. If the state does not comply with the designated deadlines and persistently reacts to reminders, the Committee decides on the basis of the documentation received from the complaint.
During the period provided by the State Clarification, it can restore violated human rights or eliminate the consequences of such violations. In this case, the Committee decides on the termination of the case.
Address for filing complaints:
Petitions., Office of the High, for Human., United Nations Office AT 1211 Geneva 10, Switzerland
For messages in accordance with:
Optional Protocol to the International Covenant on Civil and Political Rights
- Convention against torture or
- Convention on the Elimination of Racial Discrimination
Decision of the Committee on Violation of Human Rights
The Committee, noting the violation of human rights, refers to the state to take appropriate measures. Their character depends on violation of human rights. Reimbursement or compensation is awarded only in cases where it is impossible to otherwise restore the violated human rights.
The Optional Protocol does not impose on the state of legal obligation to fulfill the recommendations of the Committee. Nevertheless, the state that has approved international control has a political and moral obligation to submit to the decision of the Committee. Almost this is the most states.
Unfortunately, the Republic of Belarus has not fully fulfilled any of the more than 30 solutions of the Committee. However, modern trends in the field of human rights and the desire of our country are not to remain a bandwidth, give hopes that the human rights situation in Belarus will undergo significant changes.
Individual complaint
In the UN Committee on Human Rights
Date:……………………………
It seems for consideration in accordance with the Optional Protocol to the International Covenant on Civil and Political Rights.
Another address to obtain confidential correspondence:
Message represents:
- victims of violations or violations listed below
- representative / lawyer of the alleged sacrifice (victims)
- other (third) face
When submitting another person must be explained:
1) In what capacity is the person acts on behalf of the victim / victims (for example, related, personal, other relationships with victims / victims):
2) What obstacles for the victim do not allow it to present the message:
The third person who does not have related and any other relationships with the victim (victims) cannot submit a message from his (their) name.
Information about the alleged victim
Information about the alleged victim if it is not the author of the message
Surname ................................. name (names) ..........................................................................
Citizenship ......................................................................................................
Date and place of birth ……………………………………………………….………………………….
Current address or location ..................................................................
The affected state. Violated articles. Domestic remedies.
The name of the State party (country) of the International Covenant and the Optional Protocol against which the message is sent:
Articles of the International Covenant on Civil and Political Rights, which seem to be violated:
clause 2 of Article 19 of the Covenant.
Domestic remedies that were exhausted by the alleged victim (victims) or from its (their) persons: appeal to courts or other government agencies; When and with what result (if possible, attach copies of all relevant judicial or administrative decisions):
Thus, domestic funds of judicial protection on this were exhausted.
If domestic remedies have not been exhausted, explain why:
………………………………………………………………………………………
Other international treatments
Was the same question presented for consideration in accordance with any other procedure of international investigation or settlement (for example, for consideration by the European Court of Human Rights, etc.)? If so, when and with what result?
Whether this issue was provided to any other international investigation procedure for consideration.
The facts cited in the complaint
………………………………………………………………………………………
Thus, all possible domestic remedies have been exhausted, and I remained a victim of violations of the article (.................................) of the International Covenant on Civil and Political Rights.
Guided by the rules set forth in the Optional Protocol to the International Covenant on Civil and Political Rights,
- Recognize this complaint is acceptable and consider it essentially.
Applications: on .......... Sheets.
UN Human Rights Committee as "Last Instant"
Civil rights are all those who often refer to "natural", and in science international law, the term "outpositive" is already used. Why inspositive, because their defense is the direct responsibility of the state.
This is an international legal custom, and the contract.
Violation of outposting or civil rights is a crime.
Political - this is understandable, all rights related to the participation of the person in the political and public life of the country: elections, referendums, rallies, etc.
When civil or political human rights is violated in Russia, and it happens quite often, it is especially purposeful lawyers try the last attempt to protect your ward - appeal to the ECHR,
And recently, - namely about twenty years, - public activists write a lot about the European Court of Human Rights. They say, this is the only last instance capable of "force" the state "pay" for the fact that it violated the rights and freedoms of the individual.
But this is far from that. And moreover, it is completely wrong.
Firstly, Make a state in general to do something, in fact, almost unreal. Because the state is the main player in international legal relations.
From the will of the state depends on its further fulfillment of the prescriptions of international law. More precisely, from the elite of this state, but not the essence.
The will of other states affects only if any economic or political interest in fulfilling obligations will be involved in our state.
Each citizen of our country has its own rights and freedoms. Not only other citizens, but also enterprises, state bodies and authorities should be observed.
Dear readers! The article tells about the typical ways to solve legal issues, but each case is individual. If you want to know how solve your problem - Contact a consultant:
Applications and calls are accepted around the clock and seven days a week..
It's fast i. IS FREE!
If this is not done, you can contact the Commissioner for Human Rights in Russia.
Main aspects
The main purpose of the activities of the Commissioner for Human Rights is to ensure compliance with all legitimate and constitutional rights and freedoms that every citizen of Russia has.
He is independent, that is, it is not subordinate to any state body.
He is not reported for its activities in no one of the officials. Directly submits to the President of the Russian Federation.
The Commissioner always performs its activities. Even the introduction in the country and on its territory of military or emergency, does not stop and does not suspend the activities of the Commissioner.
Nothing can limit his competence in the territory of the Russian Federation.
During the entire period of its activities, the Commissioner has integrity.
That is, it can not be:
- arrested;
- detained;
- attracted to judicial responsibility;
- submitted.
How to contact
You need to refer to the authorized one in writing. The oral forms of complaints in Russia are not provided.
The complaint should be written correctly, in compliance with the rules of the Russian language and business correspondence.
The unified form of complaint does not exist, but it is necessary to adhere to the norms and rules specified in Art. 7 of Law No. 59th.
Submission of claims to the name of the Commissioner does not deprive the citizen of the right to submit the same claim, but in other supervisory and regulatory authorities.
You can contact:
Who has the right
Contact the Commissioner can:
What enters his competence
The Commissioner for Human Rights in the Russian Federation has its rights and obligations. Its competence includes:
As part of its competence, the Commissioner has the following powers:
The competence of the Commissioner does not include consideration of complaints about the decisions of the chambers of the Federal Assembly of the Russian Federation.
Video: How to contact the Commissioner for Human Rights
How to write a complaint by the Commissioner for Human Rights
When a person decided to write a complaint with the name of the Commissioner, he must familiarize himself with the requirements that are presented to the appeals of citizens. They are indicated in Art. 7 of the Law 59-FZ.
To ensure that the complaint was accepted for consideration, it should be:
- Filed in writing.
- May be written by hand, and can be printed on a computer.
- Stested in any available way.
- Meets the requirements of Russian language and business correspondence.
- Must be signed by the applicant. Anonymous complaints are not considered.
What requirements are claimed
Article 7 of Law No. 59-FZ provides basic requirements for written appeals from citizens.
This article says that the paper must contain:
| Complete correct name "Commissioner for Human Rights in the Russian Federation" | you can also specify FULL NAMICA-MOSKALKOV Tatiana Nikolaevna. If the complaint is filed by the Commissioner in a specific subject's subject, then it is necessary to specify the name of the subject, as well as its name |
| Information about the applicant | full name, place address and contact information.
|
| Document's name | in this case, this is a "complaint". You also need to specify the reason for its feed. For example, "Complaint of the inaction of local governments" or "Complaint of human rights authorized on human rights" |
| "Body" complaint | here you need to state only relevant and reliable information. |
| Objective reasons for filing | if possible, the following information must be confirmed by documents. |
| Applicant's submission and signature date | as well as its decoding |
If the complaint on behalf of the applicant submits his representative, the latter should have a notarial power of attorney in his hands, and its details must be specified in the "Cap" of the document.
Methods for feeding circulation
You can file a complaint in several ways:
| Personally visiting the admission of human rights at Moscow, ul. Myasnitskaya, d. 47 | Through the secretary, you can convey a claim. But, you need to trace the secretary to register the incoming document correctly. To do this, you need to create 2 identical instances of complaints. The secretary on both puts the date of reception of the document for registration, as well as the number of the incoming document. One copy remains at the complainant, and the second - goes for consideration |
| Postal departure at 101000, Russian Federation, Moscow, ul. Myasnitskaya, d. 47 | The complaint itself and the documents applied to it must be sent by custom letter with the notice. When the notification returns back to the applicant, it will be indicated by the date of acceptance of the letter and the signature of that employee who accepted it. The notification is not necessary, it is proof that the letter is delivered to the address. If the appeal is submitted to the name of the Commissioner for the Subject of the Federation, then you need to send to another address |
| Through the official website | On the official website http://ombudsmanrf.org/. Commissioner works online reception for citizens |
| Through social networks | The Commissioner has accounts in all well-known social networks working in the territory of the Russian Federation.
But such an appeal will be more consulting |
| On the phone "hotline" or by fax | But this is not a complaint, but a consultation with the operator |
Sample claim
In order to properly arrange a complaint with the name of the Commissioner, you need to have a visual example before your eyes. Sample complaint can be downloaded.
Terms of consideration
As soon as the complaint be transferred to the Commissioner, he must notify the applicant within 10 days about her decision regarding her.
If a decision is made in refusing to make a complaint against consideration, the applicant must be notified in writing. Failure must be motivated.
The term of consideration depends on how much time is needed by the Commissioner in order to make all requests, learn all the materials and conduct the checks of government agencies.
The applicant must be informed about the "fate" of his appeal and about all the movements of the complaint.
The answer of the Commissioner for Human Rights on the complaint should be sent to the applicant in the way that is specified in circulation.
What documents should be attached
The applicant must confirm all the circumstances that he outlined in his complaint. Therefore, he is obliged to attach documents confirming his words.
Depending on what is the subject of the authorized call submitted to the name, you can attach to it:
| Copies of all previously filed claims | to various government agencies |
| If some regulatory act is disputed | then his copy |
| Documents confirming the circumstances of the violation of rights | an example - if we are talking about violation of labor rights, then you need to attach:
|
| Submission of the Complaint of the Commissioner | not accompanied by payment of duties, so you do not need to apply the receipt |
Decisions made
Complaint of the UN Committee on Human Rights in Geneva
Preface
This publication is a translation of brochure, published by the Bureau of the Polish Representative for the Rights of Citizens, and is undertaken in the framework of the implementation of the Regional Democracy, Management, Participation of the Regional Office for Europe and the CIS of the UN Development Program.
Compliance and providing human rights UNDP considers as a component and a necessary condition for sustainable human development, and more efficient use of existing international human rights institutions can contribute to the achievement of this goal.
Ko the standards of most CIS countries contain norms that approve the right of citizens under certain conditions to apply to international funds for human rights, such as Article 46 of the Constitution of Russia or Article 55 of the Concept of Ukraine. In a legal language, this reflects the direct recognition that the concern for respect for human rights is not only a national prerogative and internal state of the state, but is the legal interest of the entire international community. Meanwhile, the ideas of citizens about such institutions and the possibilities of appealing to them with an individual complaint are often extremely troubled and incorrect. The consequence of this circumstance is that the efficiency of using such institutions is very low and, accordingly, the inevitability occurs disappointment in any international institutions and instruments for human rights. The case, however, is that it is instruments And, as all sorts of tools, they need to be able to use.
A widely well-known and effective tool is, for example, the European Court of Human Rights, but it is accessible to citizens only the few countries of the Commonwealth. For most, it is possible to appeal and appeal to the institutions of the UN system, whose members are all states of the former USSR. The present brochure describes the rules of appeal to the most, perhaps, the well-known and authoritative of them - the Human Rights Committee, created in accordance with the International Covenant on Civil and Political Rights.
From the text of the brochure, the reader will understand that the indispensable condition for the conversion of a person to the Committee is the participation of the country, under the jurisdiction of which it is located in the Covenant Covenant and the Optional Protocol to it, which, in fact, provides for the right to submit an individual complaint. How is the case with the participation of the CIS countries in these treaties?
By the middle of the summer of 1999, all CIS countries joined the CNC, with the exception of Kazakhstan, and Moldova and Azerbaijan were also joined by the Optional Protocol. We note here that participation or non-participation in a particular agreement is a free political solution to the sovereign state and it is difficult to talk about the direct relationship between compliance with human rights in the country and its membership in international treaties, so, the Optional Protocol did not join many countries of traditional democracy, as , for example, Switzerland, United Kingdom, Japan, USA. Nevertheless, the access of citizens to international human rights institutions can only be assessed, as an expansion of the circle of guarantees of their rights and freedoms. For states experiencing transitional period, it can be especially important. Because of this circumstance, it should be expected that, as the conservativeness of the Commonwealth consistently, the opportunity to contact the Committee on Human Rights will receive all citizens of the CIS countries, even if at the present time of the Court State NE is part of the ICOM of the Covenant and the Optionative Protocol.
Regio nillya support for the support of RBES UNDP would like to express grateful to the Ax of the Bureau of the Representative of the Rights of the Citizens of the Polish Republic for the courtesy about the right to transfer and publish a brochure in Russian.
Introduction
In 1948, the General Assembly of the United Nations proclaimed Universal Declaration of Human Rights. It was the first international document that guarantees the basic rights and freedoms to each person. And although the declaration imposed on the state only moral and political, and not legal obligations, it had a significant impact on the internal legislation and the practice of states. Therefore, to this day they refer both policies and ordinary people. And the date of the declaration of declaration is December 10 - is celebrated worldwide as the International Human Rights Day.
International Covenant on Civil and Political Rights It was proclaimed the General Assembly of the United Nations on December 16, 1966, and entered into force on March 23, 1976, after it was ratified by 35 states (Art. 49). Today, more than 130 states from all continents joined the Covenant.
This means that the state that has ratified the Covenant, it is necessary to guarantee the rights and freedoms established in Covenant, Each person: both to his citizen and a foreigner who is in its territory. Laws and other legal acts must comply with the provisions of the Covenant. Also, organs that endure individual solutions - for example, the prosecutor, the court, the administration authority, are obliged to respect human rights established in the Covenant. At the guard of observance of human rights is an international body: Human Rights Committee.
IN Covenate There are two international control procedures:
a) the state is obliged to systematically submit to the Committee reports on the implementation of provisions PACTA(Article 40);
b) The state can send a message to the Committee of the Other State of Human Rights (Article 41).
The possibility of such a message has not yet taken advantage of any state.
Procedure submitting and consideration of individual complaints settled in Optional protocol to the International Covenant on Civil and Political Rights.The term "optional" means that the state that has ratified Pact, Maybe - but not required - ratify Protocol. To date, the parties Protocol There are more than 80 states.
The ratification of the Optional Protocol opens to the citizens of this state, as well as foreigners who are staying on its territory, it is possible to ask for complaints with the Committee on Human Rights.
The UN General Assembly also adopted the second Optional Protocol to the International Covenant on Civil and Political Rights, which cancel the death penalty in the states ratified it.
Human Rights Committee
The Committee consists of 18 members elected by states. Committee members are independent; They cannot receive any recommendations or guidance from states, N and from the UN or other international bodies. The Committee is not a judicial body, however, the procedure is similar to legal proceedings.
The Human Rights Committee works at sessions passing twice a year. As a result, given a large number of incoming complaints - control production is quite long (almost lasts at least 1.5 - 2.5 years). The Committee decides by a majority vote, in the presence of at least 12 members.
The Human Rights Committee is in Geneva (see Appendix. Sample individual complaint).
Applicant
With a complaint · The Committee on Human Rights can only apply Individuals. Such right does not have a group of persons nor the organization. In other words, unions, trade unions, funds, societies, groups of students or workers, etc. cannot apply with complaints.
With a complaint, a citizen of a given country or a foreigner, living (abiding) in the territory of this state, can apply.
The right to apply with the complaint has only a face that feels victim of violation by the state body of one of the rights proclaimed in Covenate. This means that with a complaint can contact directly victim A person who, as a result of violation of human rights, was caused by any damage. In special cases, for example, if the victim of human rights violation is serving a sentence in the form of imprisonment or is in a psychiatric hospital, the Committee accepts complaints filed by family members.
With a complaint, you can also apply through the Commissioner (for example, a lawyer), which must submit to the Committee on Human Rights relevant power of attorney.
Subject complaint
The complaint may concern only the individual decision made by the state body, which - according to this person - violates his human rights guaranteed in Covenate. This may be, for example, the administrative authority, prosecutor, judicial decision, etc.
The complaint cannot concern the content of the law or another legal act, even if this legal act clearly contradicts Covenant. Human Rights Committee has no right to verify the compliance of domestic legislation Covenant.
The complaint cannot be made in the interests of the public, i.e. It is impossible, for example, to formulate generalized accusations in poor handling of prisoners, about the errors in legal proceedings, about violations of the secrets of correspondence. A complaint may concern exclusively violation of certain human rights regarding a particular person.
The Committee for Human Rights does not consider complaints of individuals, entrepreneurs, societies, cooperatives, associations, etc.
The complaint may concern only the decisions of state bodies that were the principles after 1991, i.e. after entry into force Optional Protocol (cm. Introduction). In completely exceptional cases, the Committee may adopt a complaint against the decision made to this date if the violation of human rights continues.
The subject of the complaint can be only human rights, proclaimed in Pact E. These are the following rights:
- Right to life (Art. 6).
It also includes the principles of making decisions and leading to death, pardon and punishment.
- Forbidnas the current of the current or gesture of the Okih, inhuman or unguing dignity of the types of circulation or punishment (Article 7).
In practice, those who are deprived of liberty are most often referred to this article.
- Per r Self slavery and slave trade (Art. 8).
- the right to freedom and personal abuse (Art. 9).It concerns the rights of the person who has been detained or arrest.
- The right of persons deprived of liberty for humane treatment (Art. 10).
It concerns, in particular, handling accused: adult and minors.
- Per the determination of imprisonment on the grounds that this person is not able to fulfill the contractual obligations (Article 11).
- The right to free movement on the territory of the state and the selection M of the nativeness, as well as the right to leave any country (Article 12).
- The rights of a foreigner due to the expulsion decision (Article 13).
- the right to an independent and impartial court (Art. 14). This is the most extensive article in which a number of rights of the accused and principles of the criminal procedure are established.
- Principle p of the non-mentiones and prohibition of the inverse force of criminal law (Art. 15).
- Protection of personal and family life, the inviolability of the litigation, as well as the secrets of the permentary correspondence (Art. 17).
- Freedom of thought, conscience and religion (Art. 18).
- Freedom of speech (Art. 19).
- Forbidnas nas propagaped Rasky, Aln Ohi or Religious Nen Avisi (Article 20).
- The right to peaceful assembly (Art. 21).
- The right to freedom of association with other people (Art. 22).
- Right Su. pogs and families (Art. 23).
- The rights of the child (Art. 24).
- The right to take part in public life (Art. 25).
- The rights of persons belonging to the national minority (Art. 27).
- Rave nOTE to the law and prohibition of discrimination (Art. 2, paragraph 1; Art. 26)
Etc and the above mentioned rights and freedoms should play the role of the guide to Pact. (see Attachment). Before changing the complaint, follows carefully read the appropriate article, The paying particular attention is attentive to the degrees of the details of the provisions and the permissible is limited. The Committee does not make complaints regarding violation of human rights not proclaimed in Covenate. It is impossible, an example, refer to the right of labor or right to education.
Main formal requirements
1. The feeding complaint is obliged to use all internal means of appeal, provided for by national legislation. So, in the court cases it is necessary to appeal the decision in the court of the higher authority. In administrative cases should contact a higher authority; If the internal legislation provides for a trial of administrative affairs, the decision should be appealed to the competent court. However, there is no idea of \u200b\u200bthe use of emergency or exceptional measures (such as, for example, the appeal to the Ombudsman, an application for the resumption of court proceedings).
The principle of exhaustion means of appeal means that the subject of the complaint can only be a final decision (a court decision that has entered into legal force). The reason for the deviation of the majority of complaints was that the applicants did not exhausted all domestic means of appeal, in completely exclusive cases the Committee considers the complaint until the appeal opportunities exhaustion (from the example, when production is unreasonably delayed).
No deadlines To submit a complaint from the date of adoption by the state authority, the final decision is not established.
2. It is impossible to abuse the right of appeal. This means that, for example, the content of the complaint cannot be offensive for the state, cannot contain false information, the applicant should not speak with unimportant accusations, nor use the control mechanism without sufficient grounds.
3. The Committee on Human Rights Definitions a complaint if the same VGA has already been considered to be considered by another international authority OM, and the example of the European Court of Human Rights. Therefore, it is impossible to handle complaints of the same content in various international bodies.
The complaint must contain the following:
1) Personal data: surname, name, citizenship, profession, date and place of birth, address;
2) an indication of the state against which the complaint is submitted;
4) articles that, according to the applicant, were violated;
5) The internal remedies undertaken and their results.
The complaint should attach copies of all x documents that are essential for this case. A complaint can be drawn up in the language of this country, written by hand. Due to the fact that the official languages \u200b\u200bof the Committee on Human Rights are English and French, the complaint and the accompanying documents are better to compile in one of these languages, which will undoubtedly speed up the control procedure (sample individual complaint - See Appendix).
Control procedure
Ko the Troln Aya procedure consists of two AUD STAGES:
- first completes the decision on the admissibility of the complaint;
- Second you n is still resolved by essentially - whether s (or not) human rights were violated,
The whole procedure is carried out in writing. Procedure wears Confidential character. The face referred to with a complaint has the right to inform the media about the supply of a complaint, But cannot betray publicity to the content of correspondence with the Committee.
Committee on Human Rights Defense Committee - Even without Uwe Dominal about it of the relevant state, - if the complaint is the most obvious manner does not comply with the formal requirements: for example, it is anonymous or nor axis to questions, not far from the street Covenate. If the complaint is acceptable, Committee Transfers the complaint to the interested state.
In appointment by the Committee, the state of submitted by the Committee is explained by the IAI, as well as information and documents related to the issue of admissibility. The explanations of the state are transmitted to the complaint that can take their comments and comments. At any stage of the proceedings, the Committee may contact the complaint for providing additional information or clarification. The Committee decides on the unacceptivity of the complaint, it does not meet the formal requirements (see above), and notifies the applicant about this and the corresponding state.
The decision to recognize the complaint is admissible to the corresponding state and the applicant. This decision is final. Within 6 months, the state is obliged to submit clarifications, information, as well as to indicate which measures it has taken or is going to take in favor of the complaint. Copies of these documents receive a complaint that has the right to submit his comments and comments. If the state does not comply with the designated deadlines and persistently reacts to reminders, the Committee decides on the basis of the documentation received from the complaint.
During the period provided by the State Clarification, it can restore violated human rights or eliminate the consequences of such violations. In this case, the Committee decides on the case of affairs.
Decision of the Committee on Violation of Human Rights
If the Committee comes to conclude that human rights H Awards were, he notifies its decision of the corresponding state and submitted a complaint. The decision of the Committee is the eye.
The Human Rights Committee, noting that the state has violated human rights, indicates solutions (actions) that qualifies as a violation, as well as the relevant provisions Covenant. It often happens that among numerous accusations with which the applicant stands, the Committee recognizes only some of some.
Committee, noting the violation of human rights, Applying to the state to take appropriate measures. Their characteristic of the type of human rights violations. Thus, for example, the Committee recommends providing prisoners with medical care, to immediately release a person deprived of liberty, to restore on posts in the public service, to pay to I or compensation of Yu. It also happens - the truth is rare - that the state itself is the statement of human rights violations is one to use that the applicant receives. It should be noted that compensation or compensation is awarded in principle only in cases where it is impossible to otherwise restore the violated human rights. Hope for a large sum of money is often unfulfilled.
State Implementation of the Committee
Optional Protocol Does not impose on the state of legal obligation to fulfill the recommendations of the Committee. Nevertheless, the state that has approved international control has a political and moral obligation to submit to the decision of the Committee. Almost this is the most states.
The Committee appoints for each case the term - as a rule, 180 days, during which the state should submit information about measures taken to fulfill the recommendations. Relevant information must be placed in periodic reports (see Introduction). The Committee annually appoints a Special Rapporteur annually, who evaluates measures taken by States in favor of victims of human rights violations.
The Committee places in its annual report - which is the official document UN - Information about the degree and scope of recommendations by individual states. This is the only form of "sanctions" in relation to states that did not provide the complaint with the appropriate recovery or did not restore the violated human rights.
The applicant must remember that the purpose of the control procedure is not the compromise of the state in the international arena, and guaranteeing human rights.
Sample of an individual complaint
THE HUMAN RIGHTS COMMITEE In the Human Rights Committee
c / O Office of The United Nation Bureau of Verkhovna
High Commissioner For Commissioner united
Human Rights National and th right
8-14
avenue de la Ra i x 8-14 Avenue de la Ra I x
1211 GENEVA 10 1211 n Eva 10.
Switzerland sew y kings i.
It seems for consideration in accordance with the Optional Protocol to the International Covenant on Civil and Political Rights.
Surname ................................. and me (names) ............................................. ........................
Citizenship ..................................................................................................
Date and place of birth.. ...........................………………………………………… ............
Permanent Address... ..... .............................…………………………… ...........................
Another address to obtain confidence correspondence (if different from the permanent address)
Message represents:
a) Victims of violations I or H Aurusheny, listed
n. and the same
b) Appointed Representative / Lawyer
estimated victim (victims)
c) other person
If Ot m Tych n square c), the author must clarify:
1) in what capacity, the person acts from and the Meni of the Victim / Same RTV (for example, to specify a related link or other communication with the alleged victim / victims):
……………………………………………………………………………………………………...
2) why the victim (victims) does not have (not and meet) the possibility of itself (for themselves) to submit a message:
Third L. and the Central Committee, which does not have related and any other relationships with the victim (victims) cannot submit a message from its (their) name.
II. Informat and I am about the alleged victim (victims) if she (they) is not (are) by the author (authors)
Fam and Leah ................................. Name (having) .......... ....................... ................................
Citizenship ...... .................... Rod classes ....................... ...........................................
Date and place of birth........................................ ...... .................. ...............................
The current address or location ................................. .................................
III. The state concerns the complaint. Violated Covenants. Domestic remedies
The name of the State party (country) of the International Covenant and the Optional Protocol against which the message is sent:
…………………………………………………………………………………………………..
………………………………………………………………………………………………….
………………………………………………………………………………………………….
Stat and the International Covenant on Civil and Political Rights, which seems to be violated:
………………………………………………………………………………………………….
………………………………………………………………………………………………….
………………………………………………………………………………………………….
Domestic remedies that were exhausted by the expected victim (victims) or from its (their) persons: facing the courts or other state bodies; When and with what result (if possible, make copies of all relevant judicial or administrative solutions):
………………………………………………………………………………………………….
…………………………………………………………………………………………………
…………………………………………………………………………………………………
If the domestic remedies have not been exhausted, it is explained why:
…………………………………………………………………………………………………..
………………………………………………………………………………………………….
………………………………………………………………………………………………….
IV. Other international procedures
Was the same question presented on considered to be considered in accordance with any other procedure of international anode investigation or settlement (for example, for consideration by the European Court of Human Rights)? If so, when and with what result?
………………………………………………………………………………………………….
…………………………………………………………………………………………………
…………………………………………………………………………………………………
V. Facts in the complaint
A detailed description of the facts of the intended violation or disorders (indicating the corresponding dates):*
………………………………………………………………………………………………….
…………………………………………………………………………………………………