wording might be needed which would include that the victim was unaware of
domestic remedies, or of their availability. It was also suggested to include
the word "available" before "domestic remedies", as that would be in line with
other instruments. The view was expressed that it would not be in line with the
role of the Committee to judge whether domestic remedies had been exhausted.
49. With regard to the second sentence, especially the proposed power of the
Committee to declare another international procedure "unreasonably prolonged",
many delegations agreed that such a provision would be inappropriate as it would
give the Committee the power to judge the work of other bodies. Instead,
preference for existing language was expressed, such as in the Convention
against Torture or in the Migrant Workers Convention, that is, that the same
matter "has not been, and is not being, examined by another treaty body".
Reference was also made to article 27.1 (b) of the European Convention
establishing inadmissibility when a petition "is substantially the same as a
matter which has already been examined by the Commission or has already been
submitted to another procedure of international investigation or settlement and
if it contains no relevant new information".
50. Support was expressed for the proposed addition of two criteria, namely
that a communication would be inadmissible when manifestly ill-founded; and the
inclusion of a time-limit, that is, that a communication be inadmissible if
deposited after 12 months from the date of the decision of the highest domestic
instance, or a similar reasonable length of time.
51. The addition of the following criteria was also proposed: "Communications
should be in compliance with the principles of objectivity and justice and
should include legal remedies or reparations, if any, undertaken by the State
party concerned."
52. Element 9 (g): The question was raised as to who would determine, and what
would be considered, a "reasonable period". It was suggested that the Committee
might have this responsibility.
Element 10
53. Several delegations, pointing to the innovative character of element 10 on
interim measures, expressed their support for its explicit inclusion in the
optional protocol. They noted that that would be in line with existing practice
of international, as well as regional, human rights bodies. In order to avoid
irreparable harm, the Committee should be empowered to take urgent action when
necessary. Noting the positive intention of the provision, other delegations
suggested that it should be left to the Committee to include such a provision in
its rules of procedure. Such a placement would allow the Committee more
flexibility in its practical application.
54. A number of delegations, pointing to the language used in the element,
considered it inappropriate to confer upon the Committee power to "request" a
State party to take such measures. Instead, the Committee should be able to
"recommend" interim measures. Their application should be left to the
discretion of the State party. The need for a separate undertaking on the part
of the State party was doubted, as States parties were already expected to act
bona fide upon ratification of the instrument.
55. Several delegations noted a lack of clarity and precision in the use of the
term "preservation of the status quo", suggesting that the intention for
recommending such interim measures needed to be further specified. They agreed
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