Baumgarten v. Germany

Comment:

The Covenant and the Optional Protocol to the Covenant entered into force for the State Party on 23 March 1976 and 25 November 1993 respectively. Upon ratification of the Optional Protocol, the State Party entered the following reservation concerning article 5, paragraph 2 (a): "The Federal Republic of Germany formulates a reservation concerning article 5 paragraph 2 (a) to the effect that the competence of the Committee shall not apply to communications a) which have already been considered under another procedure of international investigation or settlement, or b) by means of which a violation of rights is reprimanded having its origin in events occurring prior to the entry into force of the Optional Protocol for the Federal Republic of Germany c) by means of which a violation of article 26 of the [said Covenant] is reprimanded, if and insofar as the reprimanded violation refers to rights other than those guaranteed under the aforementioned Covenant."

Substantive issues:

• discrimination on other grounds
• discrimination on the ground of other status
• retroactive application of criminal law

Substantive articles:

• 15 (1)
• 26

Procedural issues:

• No issues found

Procedural articles:

• No articles found