E/1999/27
E/CN.6/1999/10
“Article 3
“Communications shall be in writing and shall not be anonymous. No
communication shall be received by the Committee if it concerns a State Party to the
Convention that is not a party to this Protocol.
“Article 4
“1. The Committee shall not consider a communication unless it has ascertained that
all available domestic remedies have been exhausted unless the application of such
remedies is unreasonably prolonged or unlikely to bring effective relief.
“2.
The Committee shall declare a communication inadmissible where:
(i) The same matter has already been examined by the Committee or has been
or is being examined under another procedure of international investigation or
settlement;
(ii)
It is incompatible with the provisions of the Convention;
(iii) It is manifestly ill-founded or not sufficiently substantiated;
(iv) It is an abuse of the right to submit a communication;
(v) The facts that are the subject of the communication occurred prior to the
entry into force of this Protocol for the State Party concerned unless those facts
continued after that date.
“Article 5
“1. At any time after the receipt of a communication and before a determination on
the merits has been reached, the Committee may transmit to the State Party concerned
for its urgent consideration a request that the State Party take such interim measures
as may be necessary to avoid possible irreparable damage to the victim or victims of
the alleged violation.
“2. Where the Committee exercises its discretion under paragraph 1 of this article,
this does not imply a determination on admissibility or on the merits of the
communication.
“Article 6
“1. Unless the Committee considers a communication inadmissible without reference
to the State Party concerned, and provided that the individual or individuals consent
to the disclosure of their identity to that State Party, the Committee shall bring any
communication submitted to it under this Protocol confidentially to the attention of the
State Party concerned.
“2. Within six months, the receiving State Party shall submit to the Committee written
explanations or statements clarifying the matter and the remedy, if any, that may have
been provided by that State Party.
“Article 7
“1. The Committee shall consider communications received under this Protocol in
the light of all information made available to it by or on behalf of individuals or groups
of individuals and by the State Party concerned, provided that this information is
transmitted to the parties concerned.
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