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  • 10 - The Dangers of Distant Evidence

  • from Part IV - What ‘Evidence’ May Leave Unseen
  • Edited by Deborah Casalin, University of Antwerp, Marie-Bénédicte Dembour, Ghent University, Cornelia Klocker, Ghent University
  • Book:
    Questions of Evidence in the UN Human Rights Treaty Bodies' Individual Communications Procedure
    Published online:
    13 April 2026
    Print publication:
    31 May 2026, pp 269-294
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  • Summary

    This chapter examines what is considered a fact in individual communications processed by the Human Rights Committee (HRC), recognized as the UN’s most authoritative human rights monitoring body. Despite its significance, little is known about the HRC’s handling of individual complaints against states that have signed the optional protocol. Through the case studies of Sanila-Aikio v. Finland (2018) and Näkkäläjärvi et al. v. Finland (2018), which address the inclusion of new voters on the Sámi Parliament’s electoral roll, the chapter scrutinizes the Committee’s evidentiary practices. Notably, the Finnish Supreme Administrative Court added ninety-three persons to the Sámi Parliament’s electoral roll, while an unreferenced study suggested over half a million could be eligible. The Committee included this study without verifying its reliability. The chapter explores how evidence is translated and distanced from Committee members, questioning how material veracity is determined. It concludes by reflecting on how the HRC’s evidentiary regime shapes and supports certain narratives while marginalizing others.