LCP4807 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 18
September 2025
For assistance contact
Email:
, Based on the provided facts, the Movement Against Death Penalty (MADP) can take Mr.
Mbhekwe's case to the Human Rights Committee (HRC), but they must navigate several
procedural and substantive issues. My advice to MADP is as follows:
a) Procedural Issues
The primary procedural mechanism for bringing a case to the HRC is through the First
Optional Protocol to the ICCPR. This protocol allows individuals who claim their rights
under the ICCPR have been violated to submit a communication to the HRC. However,
certain conditions must be met:
1. State Ratification: The Republic of Kamarara ratified the ICCPR and its two
Optional Protocols. This is a crucial first step, as the HRC's jurisdiction only applies
to states that have ratified the Optional Protocol.
2. Exhaustion of Domestic Remedies: The applicant, Mr. Mbhekwe, must have
exhausted all available domestic remedies before submitting a communication to
the HRC. The facts show that Mr. Mbhekwe appealed his conviction and sentence all
the way to the Constitutional Court, which is the highest court in Kamarara. This
fulfills the exhaustion requirement.
3. Jurisdiction of the Committee: The HRC can't review cases that have already been
examined under another international procedure. Since there is no mention of the case
being submitted to another body, this is not a barrier.
4. Standing: The First Optional Protocol requires that the communication be submitted
by the individual victim (Mr. Mbhekwe) or by someone with his consent. MADP, as
an international NGO, can't submit the communication in its own name. They must
obtain a power of attorney or similar authorization from Mr. Mbhekwe to act on his
behalf. This is a critical point for MADP to address.
b) Merits of the Case
The merits of the case rest on whether the mandatory death penalty in Kamarara violates the
rights enshrined in the ICCPR. Several articles are relevant here:
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 18
September 2025
For assistance contact
Email:
, Based on the provided facts, the Movement Against Death Penalty (MADP) can take Mr.
Mbhekwe's case to the Human Rights Committee (HRC), but they must navigate several
procedural and substantive issues. My advice to MADP is as follows:
a) Procedural Issues
The primary procedural mechanism for bringing a case to the HRC is through the First
Optional Protocol to the ICCPR. This protocol allows individuals who claim their rights
under the ICCPR have been violated to submit a communication to the HRC. However,
certain conditions must be met:
1. State Ratification: The Republic of Kamarara ratified the ICCPR and its two
Optional Protocols. This is a crucial first step, as the HRC's jurisdiction only applies
to states that have ratified the Optional Protocol.
2. Exhaustion of Domestic Remedies: The applicant, Mr. Mbhekwe, must have
exhausted all available domestic remedies before submitting a communication to
the HRC. The facts show that Mr. Mbhekwe appealed his conviction and sentence all
the way to the Constitutional Court, which is the highest court in Kamarara. This
fulfills the exhaustion requirement.
3. Jurisdiction of the Committee: The HRC can't review cases that have already been
examined under another international procedure. Since there is no mention of the case
being submitted to another body, this is not a barrier.
4. Standing: The First Optional Protocol requires that the communication be submitted
by the individual victim (Mr. Mbhekwe) or by someone with his consent. MADP, as
an international NGO, can't submit the communication in its own name. They must
obtain a power of attorney or similar authorization from Mr. Mbhekwe to act on his
behalf. This is a critical point for MADP to address.
b) Merits of the Case
The merits of the case rest on whether the mandatory death penalty in Kamarara violates the
rights enshrined in the ICCPR. Several articles are relevant here:
