(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.]
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