Human Rights Bodies – Complaints Procedures

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Human Rights Bodies – Complaints Procedures

Link to the UN webpage Complaints Procedures! 

Link earlier Complaint High Commissioner 2011

And later  High Commissioner 2013

Because of the sudden investigation and hearing during my deportation and KLM-flight to Amsterdam on March 15th 2017, and in May suddenly much more investigations by psychologist, psychiatrist and more while in (innocent/no fair trial) detention in Heerhugowaard, there must have been a complaint by America against the Netherlands about my horrifying case!

Complaining about human rights violations

The ability of individuals to complain about the violation of their rights in an international arena brings real meaning to the rights contained in the human rights treaties.

There are three main procedures for bringing complaints of violations of the provisions of the human rights treaties before the human rights treaty bodies:

There are also procedures for complaints which fall outside of the treaty body system – through the Special Procedures of the Human Rights Council and the Human Rights Council Complaint Procedure.

The following complaint procedure is the most likely in my horrifying case.

State-to-state complaints UNCAT

Article 21

1. A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention. Such communications may be received and considered according to the procedures laid down in this article only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be dealt with by the Committee under this article if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure;

(a) If a State Party considers that another State Party is not giving effect to the provisions of this Convention, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication 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;

(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;

(c) The Committee shall deal with a matter referred to it under this article only after it has ascertained that all domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention;

(d) The Committee shall hold closed meetings when examining communications under this article; (e) Subject to the provisions of subparagraph

(e), 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 the obligations provided for in this Convention. For this purpose, the Committee may, when appropriate, set up an ad hoc conciliation commission;

(f) In any matter referred to it under this article, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered by the Committee and to make submissions orally and/or in writing;

(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report:

(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report.

In every matter, the report shall be communicated to the States Parties concerned.

2. The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.

Evaluation of my current status

From earlier discussions in 2009 for my first Asylum request in Miami Airport Florida the normal duration would be 1 year, but if stalled by the Netherlands, 2 years would be the maximum. Old info, so could have changed. But as writing this post in november it would be another 5 months max.

But confidential! Only afterwards there will be a report published.

Why is everything always confidential? Transparency, openness is the way to solve problems. Hiding facts only makes the criminals having an advantage!

My horrifying case is proof of that. Everybody refuses to tell me the truth and what happened. I have nothing about all the documents in this case! Nothing at all, while other people use that information or documents against me! Severe Human Rights Violations!

For instance, what document or ruling by the Dutch Queen Juliana around 1975/80 took away my civil and human rights? Based on which information or documents? I never asked for it! I wanted the perpetrators prosecuted of course.

And I could make a long list and ask the current Dutch Minister of (In)Justice for that information, but will of course receive nothing at all! I already asked for the whole dossier to be published openly for the Dutch people to see how they were betrayed just like me.

See post Minister van Justitie en Veiligheid Prof. Dr. Mr. F.B.J. Grapperhaus

How can you defend against a corrupt country which uses the Ministry of Justice to hide all criminal evidence and make sure the rapist and others can never be prosecuted?

I am ‘De Facto Stateless!’

The retard Queen and Cabinet ordered the Ministry of Justice to handle the whole special project, which is contra their normal work to provide justice! They protect the rapist and made sure I/we can never file charges or prosecute.

So people asked to do something will assume it is to provide justice, but NOT in my case!

All I can do now is wait! But I started investigating in 2000! So now 18 years and thousands of hours work to find out who are behind these cruel human rights violations!

When is the next murder attempt on my life? Or the next brainwashing or brain programming by torture?

See post Fifth Murder Attempt Altea

When is the next antipsychotic hidden in official boxes of ???

Who can I trust…? Nobody!

Still no help from a Lawyer or any other legal help. Still Fighting the Unknown alone.  Still not enough money to fight back hard enough.

Hans Smedema, in exile in Albir, Costa Blanca, Spain

Published by

Hans Smedema

High level Dutch man(Rotary member) who became the victim of an unbelievable conspiracy set up by his own family and by a criminal organisation of rapist. De Facto Stateless! Now fighting for 18 years but the Dutch government refuses to open an investigation. America offered help and maybe this case will run at UNCAT. Almost certain this case will be filmed.