(v) Where the same matter [has already been examined by the Committee or] [has been] [taken note of] [or] is being [examined] [considered] under another procedure of international investigation or settlement. [3. A communication shall be in compliance with the principles of objectivity and impartiality [and should include information of legal remedies or reparation undertaken by the State Party concerned]]. Alternative 2 A communication shall be inadmissible where, in the view of the Committee: (i) (ii) [(iii) It is incompatible with the provisions of the Convention; It is an abuse of the right to submit a communication; It is manifestly ill-founded] [or obviously politically motivated]; [(iii bis) Where there is not sufficient substantiation of the claim to support its examination on the merits]; (iv) All available [legal] domestic remedies have not been exhausted [in accordance with generally recognized rules of international law] [unless in the view of the Committee the application of the remedies is [unreasonably prolonged] [unreasonable] or unlikely to bring effective relief] [unless the claimant demonstrates that such remedies are ineffective or that the application of the remedies has been unduly prolonged]; [(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]]; (vi) The same matter [has already been examined by the Committee or] [has been] [taken note of] [or] is being [examined] [considered] under another procedure of international investigation or settlement; [(vii) It is in compliance with the principles of objectivity and impartiality [and includes information on legal remedies or reparation undertaken by the State Party concerned]].] 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 [request] [recommend] the State Party concerned to take interim measures [as appropriate] [as may be necessary] [to preserve the status quo and] to avoid [possible irreparable] [further] [harm] [damage] [if any] [to the victim or victims of the alleged violation] [after it has been determined that sufficient evidence exists to substantiate the claim].] [2. The State Party concerned [may] [shall] [give due consideration to] consider [urgently and positively] the recommendation under paragraph 1.] -89-

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