LCP4807 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 18
September 2025
For assistance contact
Email:
, The Human Rights Committee and Mr. Mbhekwe's Case
Yes, the Movement Against Death Penalty (MADP) can take Mr. Mbhekwe's case to the Human
Rights Committee (HRC), but not directly on its own behalf. The HRC, established under the
International Covenant on Civil and Political Rights (ICCPR), is empowered to hear individual
complaints from persons claiming to be victims of a violation of their rights under the ICCPR.
This is made possible through the First Optional Protocol to the ICCPR, which Kamarara has
ratified.
Since MADP is an NGO and not the direct victim, they would have to file the communication on
behalf of Mr. Mbhekwe, with his explicit written consent. This is a crucial procedural
requirement. Without this authorization, the communication would be inadmissible.
a) Procedural Issues
The admissibility of a communication before the HRC is governed by the First Optional Protocol
to the ICCPR. For Mr. Mbhekwe's case to be considered, the following procedural issues must
be met:
Ratification of the First Optional Protocol: Kamarara has ratified the ICCPR and its
two Optional Protocols, making it subject to the HRC's jurisdiction for individual
communications.
Victim Status: The communication must be submitted by or on behalf of an individual
who claims to be a victim of a violation of the rights set forth in the Covenant. Mr.
Mbhekwe is the alleged victim. The MADP can submit the communication on his behalf,
but they must have his written consent.
Exhaustion of Domestic Remedies: The HRC will not consider a communication unless
the author has exhausted all available domestic remedies. This is a key hurdle that Mr.
Mbhekwe has already cleared. He has appealed his conviction and sentence up to the
highest domestic court, the Constitutional Court, and has had his appeal dismissed. This
fulfills the requirement of exhausting domestic remedies, as there are no further judicial
avenues to pursue within Kamarara.
No Simultaneous Examination: The HRC cannot consider a matter that is being
examined under another procedure of international investigation or settlement. As there is
no indication that Mr. Mbhekwe's case is before another international body, this
requirement is also met.
Timeliness: While there's no strict time limit under the First Optional Protocol for
submitting a communication after the exhaustion of domestic remedies, the HRC may
deem a case an abuse of the right of submission if there is an excessive delay. Given the
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 18
September 2025
For assistance contact
Email:
, The Human Rights Committee and Mr. Mbhekwe's Case
Yes, the Movement Against Death Penalty (MADP) can take Mr. Mbhekwe's case to the Human
Rights Committee (HRC), but not directly on its own behalf. The HRC, established under the
International Covenant on Civil and Political Rights (ICCPR), is empowered to hear individual
complaints from persons claiming to be victims of a violation of their rights under the ICCPR.
This is made possible through the First Optional Protocol to the ICCPR, which Kamarara has
ratified.
Since MADP is an NGO and not the direct victim, they would have to file the communication on
behalf of Mr. Mbhekwe, with his explicit written consent. This is a crucial procedural
requirement. Without this authorization, the communication would be inadmissible.
a) Procedural Issues
The admissibility of a communication before the HRC is governed by the First Optional Protocol
to the ICCPR. For Mr. Mbhekwe's case to be considered, the following procedural issues must
be met:
Ratification of the First Optional Protocol: Kamarara has ratified the ICCPR and its
two Optional Protocols, making it subject to the HRC's jurisdiction for individual
communications.
Victim Status: The communication must be submitted by or on behalf of an individual
who claims to be a victim of a violation of the rights set forth in the Covenant. Mr.
Mbhekwe is the alleged victim. The MADP can submit the communication on his behalf,
but they must have his written consent.
Exhaustion of Domestic Remedies: The HRC will not consider a communication unless
the author has exhausted all available domestic remedies. This is a key hurdle that Mr.
Mbhekwe has already cleared. He has appealed his conviction and sentence up to the
highest domestic court, the Constitutional Court, and has had his appeal dismissed. This
fulfills the requirement of exhausting domestic remedies, as there are no further judicial
avenues to pursue within Kamarara.
No Simultaneous Examination: The HRC cannot consider a matter that is being
examined under another procedure of international investigation or settlement. As there is
no indication that Mr. Mbhekwe's case is before another international body, this
requirement is also met.
Timeliness: While there's no strict time limit under the First Optional Protocol for
submitting a communication after the exhaustion of domestic remedies, the HRC may
deem a case an abuse of the right of submission if there is an excessive delay. Given the
