View Adopted: 2019.07.26
The author in this case was a national of the Seychelles, and claimed a violation under article 25 of the Covenant owing to potential procedural irregularities in standing for election. The author notes that he presented all documents required for nomination under the domestic Election Act, however was allocated a late "time slot" and subsequently notified that he was disqualified as failed to comply with certain "requirements" of the Act, without any available time left to challenge the determination.
The finding was challenged in the domestic Consitutional Court, which ruled that the disqualification had been unlawful as the author had not had the chance to rectify his non-compliance with the election procedure. The Court however did not provide restitution - and on appeal, noted that the right of all persons in the territory to have elections held on the set date superceded the right of the author to be elected.
The author filed an individual communication with the Committee on the basis that his right to be elected under article 25 has been violated, and additionally that the State failed to provide him with an effective remedy.