Inter-State Communications Procedure

under Article 41 of the International

Convention on Civil and Political Rights
(ICCPR)
ANDRADE
DIAZ DE RIVERA
OVERVIEW OF THE ICCPR
The ICCPR is the most comprehensive and well-established UN treaty
on civil and political rights.
The ICCPR was adopted by the UN General Assembly in 1966, and
came into force in 1976.

Substantive Rights under the ICCPR
Article 1: Right of Self-determination
Article 6: Right to Life
Article 7: Freedom from Torture, Inhuman and Degrading
Treatment and Punishment
Article 8: Freedom from Slavery, Servitude, and Forced
Labor
Article 9: Rights to Liberty and Security of the Person
Article 10: Right of Detained Persons to Humane
Treatment
Article 11: Freedom from Imprisonment for Inability to
Fulfil a Contract
Article 12: Freedom of Movement
Article 13: Right of Aliens to Due Process facing Expulsion
Article 14: Right to a Fair Trial
Article 15: Freedom from Retroactive Criminal Law
Article 16: Right to Recognition as a Person before the
Law
Article 17: Rights of Privacy
Article 18: Freedom of Thought, Conscience, and Religion
Article 19: Freedom of Opinion and
Expression
Article 20: Freedom from War
Propaganda, and Freedom from
Incitement to Racial, Religious, or
National Hatred
Article 21: Freedom of Assembly
Article 22: Freedom from Association
Article 23: Rights of Protection of the
Family and the Right to Marry
Article 24: Rights of Protection for the
Child
Article 25: Right of Participation in
Public Life
Article 26: Right of Equality before the
Law and Right of Non-Discrimination
Article 27: Rights of Minorities

Declarations recognizing the competence of the Human Rights Committee under article 41 (as
of Current Date)
Algeria Germany Republic of Korea
Argentina Ghana Russian Federation
Australia Guinea-Bissau Senegal
Austria Guyana Slovakia
Belarus Hungary Slovenia
Belgium Iceland South Africa
Bosnia and Herzegovina Ireland Spain
Bulgaria Italy Sri Lanka
Canada Liechtenstein Sweden
Chile Luxembourg Switzerland
Congo Malta Tunisia
Croatia Netherlands Ukraine
Czech Republic New Zealand United Kingdom of Great Britain
and Northern Ireland
Denmark Norway United States of America
Ecuador Peru Zimbabwe
Finland Philippines
Gambia Poland
Total
49 States 167 Parties
How a Complaint is Filed
Written Communication to
State Party
State which sent the
communication would provide
an explanation or any other
statement in writing clarifying
the matter which should
include, to the extent
possible and pertinent,
reference to domestic
procedures and remedies
taken, pending, or available
in the matter
Refer the matter to the
Human Rights Committee
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6

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Resolved
Case Resolved
The Committee shall hold closed meetings
when examining communications
The Committee shall make available its good
offices to the States Parties concerned with a
view to a friendly solution of the matter on
the basis of respect for human rights and
fundamental freedoms as recognized in the
present Covenant
The Committee may call upon the States
Parties concerned to supply any relevant
information;
The Committee shall, within twelve months
after the date of receipt of notice submit a
report
Checks if all
available domestic
remedies have been
exhausted in
accordance with the
generally recognized
principles of
international law
Exhausted
yes
no
no
States Parties concerned shall have the right
to be represented when the matter is being
considered in the Committee and to make
submissions orally and/or in writing
yes
Friendly Solution
Reached
yes
Case Resolved
The Committee/Commission shall confine its
report to a brief statement of the facts and
of the solution reached
no Committee may, with the prior consent of the
states parties concerned, appoint an ad hoc
Conciliation Commission.
Refer to an ad hoc Conciliation Commission
composed of five (5) independent persons
acceptable to both parties.
The Commission has twelve months to full
consider the matter.
Amicable
Settlement
Reached
yes
no
Issuance of a report embodying its findings on
all questions of fact relevant to the issues
between the states parties concerned, and its
views on the possibilities of an amicable
solution of the matter.
Inter-State complaint Procedure under Article 41 of the ICCPR
Limitations of the ICCPR
Types of Limitations
Structural Limitations
Political and Economic Factors
STRUCTURAL LIMITATIONS
Three characteristics:
The inter-state complaint is limited to addressing civil and political rights
Form of complaint is only one of the possible avenues of addressing human
rights problems in other states
The procedure is generally optional rather than mandatory
POLITICAL & ECONOMIC FACTORS
Considered as hostile action against a state
Complaints are politically motivated
Draining of a states resources for the process

APPLICATION: THE GREEK CASES
Case No. 1: Denmark, Norway, and Sweden vs. Greece (1967)
Suspension of articles of the constitution
Torture and inhuman treatment of prisoners
Results of the Commissions efforts
Greece denounces the Convention
Case No. 2: Scandinavian States vs. Greece (1970)
Trial of 34 persons accused of subversive activities with one to be executed
Violations of rights against torture and fair trial
Results of the Commissions efforts
APPLICATION: THE TURKEY CASE
Joint application filed by Denmark, France, the Netherlands, Norway
and Sweden against Turkey
Turkish military took over the government
5 States suggested a proposal which did not solve any of the
violations made by Turkey
STATUS OF PHILIPPINES ON ICCPR
INTER-STATE COMPLAINTS
No complaints filed by/against Philippines to date
Most of the complaint filed are individual complaints
CONCLUSION