CCPR/C/36/D/361/1989

M. CQmmu»iga~iQD HOe 301/1;8;, A8YhligatlAn an4

• printing gAmpany ye Tr1nldld Ind Tgblgp (Qegi.i~n pf 14 July 1;8g. adQpt.d at the thirty-sixth ••••ipn) Submitt.d by. A publicatio~ and a printing company Allega~ victims. The companhe StAte party c~cern'4. Trinidad and Tobago DAte Qf RQ'D1DuniqAtiQn. 2 Tbe HumAn Rights Committee, .stablished und.r articl. 28 of the I"t.rnatlonal Covenant on Civil and Politic.l Rights, Meeting...an 14 July 1989, Adopts the following. PaRision on Admissibility 1. The communication, dated 2 March 1989, is submitted by two companies registered in Trinidad. Th. compani.s claim to b. the victims of • viulation by the Government of Trinidad and Tobago of articles 2, 14 and 19 oC the I~ternational Covenant of Civil and Political Rights. Th.y are repr.sented by counsel. 2.1 It is stated that the main function of the printing company is to purchase an~ supply the printing material to the publication company for the purpose of producing, printing and publishing an independent weekly newspaper. Both companJes are owned ~y the SBme individuals. As the material necessary for the paper's publication must be imported, the companies require the permission from the Central Bank of Trinidad and Tobago to purchas. foreign currencies to pay for the material. Every year the Central Bank dete~mines the allucation of foreign exchange Cor newspapers published in the country, usually at levels whic~ wOl1ld allow the ~nmpaniQs to purchase sufficient raw material for pUblication purposes. It is claimed that in 1987 the companies received a reduced allocation by the Contral Bank and that in 1988 this allocation was f~rther reduced. The companies Yubsequently sought the approval of an increased amuunt oC foreign exchange Bud, 8S a result, in JAnuary 1989 the Central Bank granted them a slightly increased allocation: t.he companies claim, however, that the Celltral Bl'Ink 'N decision wi 11 not enable them to sustain the production and publication Qf the pApe," beyond th~ first two months of 1989. They further allege thBt the Contral Bnllk hOl' rholl foreign oxchange RlloGRt.ion Cor other newspapers puhlished ill till! I'ounl ty at I"v"ls fUlly allowing them tn maintain their pUblication; liS 8 result., t hf'y l'lnim !ltnt they are enti lIed to expect t.he same treatment. 2.2 Wit.h resppt:t to the requirement oC the exhaustion o[ do,"tH~til' '~lIl1"(1\l!B, it Is statad t.hat il judicial review or. the matter has been ini tiatfHl lIml t hill n 11I'H\I i ng in the Court. iN forthcoming. It is submitted, however, that. th~ plltRllit of domestic remedies is deemed unnecessary since the muchin" .. y of ill::l i ('" i I; IneUective. -309 - a.3 It 1••tated that the matter ha. not bttn .Ubmitttd for ••amlnatlon under another procedure of internatlonal lnve.tivat1on or .ettlament. AI 3.1 aefore conli~erlnv any c111.m. contained In a comm~nication the Human RiVht. C?mmittee mu.t, purluant to rul~ 87 of itl provllional rule. of procedure, a.certaln .hether or not it 1, .dml•• 1bl~ under the Optinna1 Prot.Qool to the Covenant. 3.2 Tbe pre.ent communication i. IUbm!tted on b.half of two Qc~rftnie8 incorporated under the la•• of ~rlnidad Ind Tobavo. Under Irticle 1 ot the !)~tlonal Protocol, a••uch, only individual. may .ubmlt • comm~nicatlon to tht H~an R1Vhtl Committee. A company incorporated under the la•• of a Statt pftrty to the Optlonal Protocol, a••uch, hi' no .tandlnv under Irticle 1, revardle•• of whether it. IlleVltlonl app.ar to ral.e i ••ue. under the Covenant. 4. Tht Human Rlvhtl Committee thtrtfort decid••• (a) The communication la inadmiaaib1e, (b) Thi. deol.ion .hl1l be communicated to the represtntative of the al18ve4 victim., and, for information, to tbe Stet. party. Hpt••

• 1 ·The Secretariat ha. a,clrtalaed tbat the .ame matter ha. not been .Ubmltted to the Inter-American Comml••lon on Human Ri9htl. -310-