suggested that it be left to the Committee to include that matter in its rules
of procedure.
33. Many delegations expressed a preference for language which would enable the
Committee to "recommend" such measures, as opposed to requesting them, as
currently formulated in document E/CN.6/1997/WG/L.1. Other delegations pointed
out that the use of the term "recommend" would differ from the language used in
the practice of other treaty bodies and, therefore, the term "request" should be
retained. Several delegations noted that interim measures were of an
extraordinary nature, similar to comparable measures in many domestic legal
systems and, as such, were likely to be used sparingly.
34. Many delegations suggested deletion of the term "preservation of the status
quo" as it was unclear and implicitly contained in the concept of avoidance of
irreparable harm. Other delegations argued that the preservation of the status
quo was a well-known concept in domestic law, which complemented the concept of
avoidance of irreparable harm. Several delegations noted that other treaty
bodies used the term "damage", as opposed to the term "harm" in document
E/CN.6/1997/WG/L.1, and suggested that the two terms be clarified further.
35. A number of delegations noted that a request for interim measures might
suggest prejudgment of the outcome of the consideration of a communication.
Some delegations noted that a request for interim measures would not in any way
imply a determination on the merits of a communication or, as the case may be,
of its admissibility. They proposed the addition of a paragraph which would
make that explicit.
36. As to the inclusion of a provision which would call on the State party to
act in accordance with the Committee’s request for interim measures
(article 5 (2)), many delegations considered that the formulation for such a
provision would need to be carefully considered. Many delegations expressed a
preference for deleting the provision altogether, rather than for a
reformulation of the existing language.
Article 6
37. The Committee resource person noted the vulnerability of complainants of
violations of rights and the particular risks to women in that regard. Some
delegations expressed support for the formulation as contained in article 6 (1)
of document E/CN.6/1997/WG/L.1. Other delegations recognized the need to reveal
the victim’s identity to the State party concerned in order to enable the State
party to provide explanations to the Committee and a remedy to the complainant.
Therefore they suggested that the revelation of the person’s identity should be
the rule, as knowledge of the identity of the author by the State party was
essential for providing an effective remedy. Some delegations stated that the
complainant’s express consent prior to revealing her identity was essential to
the procedure, especially to ensure the petitioner’s safety and to protect her
from reprisals. Other delegations noted that the need for protecting the victim
could be addressed by withholding her identity temporarily during the period of
interim measures. Others considered that permanent withholding of the author’s
identity would need to be the exception. Some delegations suggested that such
exception could be addressed in the Committee’s rules of procedure.
38. Some delegations proposed that, rather than requiring the victim’s express
consent prior to revealing her identity to the State party, the victim should be
required to object to the revelation of her identity expressly.
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