2. Any question
that may arise under paragraph 1 above shall be decided by the
Committee without the participation of the member concerned.
Rule
61
Withdrawal of a member
If, for any reason, a member considers that she or he should
not take part or continue to take part in the examination of
a communication, the member shall inform the Chairperson of
her or his withdrawal.
Rule
62
Establishment of working groups and designation of rapporteurs
1. The Committee
may establish one or more working groups, each comprising no
more than five of its members, and may designate one or more
rapporteurs to make recommendations to the Committee and to
assist it in any manner in which the Committee may decide.
2. In the
present part of the rules, reference to a working group or rapporteur
is a reference to a working group or rapporteur established
under the present rules.
3. The rules
of procedure of the Committee shall apply as far as possible
to the meetings of its working groups.
Rule
63
Interim measures
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 it take such interim measures as the Committee considers
necessary to avoid irreparable damage to the victim or victims
of the alleged violation.
2. A working
group or rapporteur may also request the State party concerned
to take such interim measures as the working group or rapporteur
considers necessary to avoid irreparable damage to the victim
or victims of the alleged violation.
3. When
a request for interim measures is made by a working group or
rapporteur under the present rule, the working group or rapporteur
shall forthwith thereafter inform the Committee members of the
nature of the request and the communication to which the request
relates.
4. Where
the Committee, a working group or a rapporteur requests interim
measures under this rule, the request shall state that it does
not imply a determination of the merits of the communication.
Rule
64
Method of dealing with communications
1. The Committee
shall, by a simple majority and in accordance with the following
rules, decide whether the communication is admissible or inadmissible
under the Optional Protocol.
2. A working
group may also declare that a communication is admissible under
the Optional Protocol, provided that it is composed of five
members and all of the members so decide.
Rule
65
Order of communications
1. Communications
shall be dealt with in the order in which they are received
by the Secretariat, unless the Committee or a working group
decides otherwise.
2. The Committee
may decide to consider two or more communications jointly.
Rule
66
Separate consideration of admissibility and merits
The Committee may decide to consider the question of admissibility
of a communication and the merits of a communication separately.
Rule
67
Conditions of admissibility of communications
With a view to reaching a decision on the admissibility of a
communication, the
Committee, or a working group, shall apply the criteria set
forth in articles 2, 3 and 4 of the Optional Protocol.
Rule
68
Authors of communications
1. Communications
may be submitted by individuals or groups of individuals who
claim to be victims of violations of the rights set forth in
the Convention, or by their designated representatives, or by
others on behalf of an alleged victim where the alleged victim
consents.
2. In cases
where the author can justify such action, communications may
be submitted on behalf of an alleged victim without her consent.
3. Where
an author seeks to submit a communication in accordance with
paragraph 2 of the present rule, she or he shall provide written
reasons justifying such action.
Rule
69
Procedures with regard to communications received
1. As soon
as possible after the communication has been received, and provided
that the individual or group of individuals consent to the disclosure
of their identity to the State party concerned, the Committee,
working group or rapporteur shall bring the communication confidentially
to the attention of the State party and shall request that State
party to submit a written reply to the communication.
2. Any request
made in accordance with paragraph 1 of the present rule shall
include a statement indicating that such a request does not
imply that any decision has been reached on the question of
admissibility of the communication.
3. Within
six months after receipt of the Committee’s request under
the present rule, the State party shall submit to the Committee
a written explanation or statement that relates to the admissibility
of the communication and its merits, as well as to any remedy
that may have been provided in the matter.
4. The Committee,
working group or rapporteur may request a written explanation
or statement that relates only to the admissibility of a communication
but, in such cases, the State party may nonetheless submit a
written explanation or statement that relates to both the admissibility
and the merits of a communication, provided that such written
explanation or statement is submitted within six months of the
Committee’s request.
5. A State
party that has received a request for a written reply in accordance
with paragraph 1 of the present rule may submit a request in
writing that the communication be rejected as inadmissible,
setting out the grounds for such inadmissibility, provided that
such a request is submitted to the Committee within two months
of the request made under paragraph 1.
6. If the
State party concerned disputes the contention of the author
or authors, in accordance with article 4, paragraph
1, of the
Optional Protocol, that all available domestic remedies have
been exhausted, the State party shall give details of the remedies
available to the alleged victim or victims in the particular
circumstances of the case.
7. Submission
by the State party of a request in accordance with paragraph
5 of the present rule shall not affect the period of six months
given to the State party to submit its written explanation or
statement unless the Committee, working group or rapporteur
decides to extend the time for submission for such a period
as the Committee considers appropriate.
8. The Committee,
working group or rapporteur may request the State party or the
author of the communication to submit, within fixed time limits,
additional written explanations or statements relevant to the
issues of the admissibility or merits of a communication.
9. The Committee,
working group or rapporteur shall transmit to each party the
submissions made by the other party pursuant to the present
rule and shall afford each party an opportunity to comment on
those submissions within fixed time limits.
Rule
70
Inadmissible communications
1. Where
the Committee decides that a communication is inadmissible,
it shall, as soon as possible, communicate its decision and
the reasons for that decision through the Secretary-General
to the author of the communication and to the State party concerned.
2. A decision
of the Committee declaring a communication inadmissible may
be reviewed by the Committee upon receipt of a written request
submitted by or on behalf of the author or authors of the communication,
containing information indicating that the reasons for inadmissibility
no longer apply.
3. Any member
of the Committee who has participated in the decision regarding
admissibility may request that a summary of her or his individual
opinion be appended to the Committee’s decision declaring
a communication inadmissible.
Rule
71
Additional procedures whereby admissibility may be considered
separately from the merits
1. Where
the issue of admissibility is decided by the Committee or a
working group before the State party’s written explanations
or statements on the merits of the communication are received,
that decision and all other relevant information shall be submitted
through the Secretary-General to the State party concerned.
The author of the communication shall, through the Secretary-General,
be informed of the decision.
2. The Committee
may revoke its decision that a communication is admissible in
the light of any explanation or statements submitted by the
State party.
Rule
72
Views of the Committee on admissible communications
1. Where
the parties have submitted information relating both to the
admissibility and to the merits of a communication, or where
a decision on admissibility has already been taken and the parties
have submitted information on the merits of that communication,
the Committee shall consider and shall formulate its views on
the communication in the light of all written information made
available to it by the author or authors of the communication
and the State party concerned, provided that this information
has been transmitted to the other party concerned.
2. The Committee
or the working group set up by it to consider a communication
may, at any time in the course of the examination, obtain through
the Secretary-General any documentation from organizations in
the United Nations system or other bodies that may assist in
the disposal of the communication, provided that the Committee
shall afford each party an opportunity to comment on such documentation
or information within fixed time limits.
3. The Committee
may refer any communication to a working group to make recommendations
to the Committee on the merits of the communication.
4. The Committee
shall not decide on the merits of the communication without
having considered the applicability of all of the admissibility
grounds referred to in articles 2, 3 and 4 of the Optional Protocol.
5. The Secretary-General
shall transmit the views of the Committee, determined by a simple
majority, together with any recommendations, to the author or
authors of the communication and to the State party concerned.
6. Any member
of the Committee who has participated in the decision may request
that a summary of her or his individual opinion be appended
to the Committee’s views.
Rule 73
Follow-up to the views of the Committee
1. Within
six months of the Committee’s issuing its views on a communication,
the State party concerned shall submit to the Committee a written
response, including any information on any action taken in the
light of the views and recommendations of the Committee.
2. After
the six-month period referred to in paragraph 1 of the present
rule, the Committee may invite the State party concerned to
submit further information about any measures the State party
has taken in response to its views or recommendations.
3. The Committee
may request the State party to include information on any action
taken in response to its views or recommendations in its subsequent
reports under article 18 of the Convention.
4. The Committee
shall designate for follow-up on views adopted under article
7 of the Optional Protocol a rapporteur or working group to
ascertain the measures taken by States parties to give effect
to the Committee’s views and recommendations.
5. The rapporteur
or working group may make such contacts and take such action
as may be appropriate for the due performance of their assigned
functions and shall make such recommendations for further action
by the Committee as may be necessary.
6. The rapporteur
or working group shall report to the Committee on follow-up
activities on a regular basis.
7. The Committee
shall include information on any follow-up activities in its
annual report under article 21 of theConvention.
Rule
74
Confidentiality of communications
1. Communications
submitted under the Optional Protocol shall be examined by the
Committee, working group or rapporteur in closed meetings.
2. All working
documents prepared by the Secretariat for the Committee, working
group or rapporteur, including summaries of communications prepared
prior to registration and the list of summaries of communications,
shall be confidential unless the Committee decides otherwise.
3. The Committee,
working group or rapporteur shall not make public any communication,
submissions or information relating
to a communication prior to the date on which its views are
issued.
4. The author
or authors of a communication or the individuals who are alleged
to be the victim or victims of a violation of the rights set
forth in the Convention may request that the names and identifying
details of the alleged victim or victims (or any of them) not
be published.
5. If the
Committee, working group or rapporteur so decides, the name
or names and identifying details of the author or authors of
a communication or the individuals who are alleged to be the
victim or victims of a violation of rights set forth in the
Convention shall not be made public by the Committee, the author
or the State party concerned.
6. The Committee,
working group or rapporteur may request the author of a communication
or the State party concerned to keep confidential the whole
or part of any submission or information relating to the proceedings.
7. Subject
to paragraphs 5 and 6 of the present rule, nothing in this rule
shall affect the right of the author or authors or the State
party concerned to make public any submission or information
bearing on the proceedings.
8. Subject
to paragraphs 5 and 6 of the present rule, the Committee’s
decisions on admissibility, merits and discontinuance shall
be made public.
9. The Secretariat
shall be responsible for the distribution of the Committee’s
final decisions to the author or authors and the State party
concerned.
10. The
Committee shall include in its annual report under article 21
of the Convention a summary of the communications examined and,
where appropriate, a summary of the explanations and statements
of the States parties concerned, and of its own suggestions
and recommendations.
11. Unless
the Committee decides otherwise, information furnished by the
parties in follow up to the Committee’s views and recommendations
under paragraphs 4 and 5 of article 7 of the Optional Protocol
shall not be confidential. Unless the Committee decides otherwise,
decisions of the Committee with regard to follow-up activities
shall not be confidential.
Rule
75
Communiqués
The Committee
may issue communiqués regarding its activities under
articles 1 to 7 of the Optional Protocol, throughtheSecretary-General,
for the use of the information media and the general public.
XVII.
PROCEEDINGS UNDER THE INQUIRY PROCEDURE OF THE OPTIONAL PROTOCOL
Rule
76
Applicability
Rules 77 to 90 of the present rules shall not be applied to
a State party that, in accordance with article 10, paragraph
1, of the Optional Protocol, declared at the time of ratification
or accession to the Optional Protocol that it does not recognize
the competence of the Committee as provided for in article 8
thereof, unless that State party has subsequently withdrawn
its declaration in accordance with article 10, paragraph 2,
of the Optional Protocol.
Rule
77
Transmission of information to the Committee
In accordance with the present rules, the Secretary-General
shall bring to the attention of the Committee information that
is or appears to be submitted for the Committee’s consideration
under article 8, paragraph 1, of the Optional Protocol.
Rule
78
Register of information
The Secretary-General shall maintain a permanent register of
information brought to the attention of the Committee in accordance
with rule 77 of the present rules and shall make the information
available to any member of the Committee upon request.
Rule
79
Summary of information
The Secretary-General, when necessary, shall prepare and circulate
to members of the Committee a brief summary of the information
submitted in accordance with rule 77 of the present rules.
Rule
80
Confidentiality
1. Except
in compliance with the obligations of the Committee under article
12 of the
Optional Protocol, all documents and proceedings of the Committee
relating to the conduct of the inquiry under article 8 of the
Optional Protocol shall be confidential.
2. Before
including a summary of the activities undertaken under articles
8 or 9 of the Optional Protocol in the annual report prepared
in accordance with article 21 of the Convention and article
12 of the Optional Protocol, the Committee may consult with
the State party concerned with respect to the summary.
Rule
81
Meetings related to proceedings under article 8
Meetings of the Committee during which inquiries under article
8 of the Optional Protocol are considered shall be closed.
Rule
82
Preliminary consideration of information by the Committee
1. The Committee
may, through the Secretary-General, ascertain the reliability
of the information and/or the sources of the information brought
to its attention under article 8 of the Optional Protocol and
may obtain additional relevant information substantiating the
facts of the situation.
2. The Committee
shall determine whether the information received contains reliable
information indicating grave or systematic violations of rights
set forth in the Convention by the State party concerned.
3. The Committee
may request a working group to assist it in carrying out its
duties under the present rule.
Rule
83
Examination of information
1. If the
Committee is satisfied that the information received is reliable
and indicates grave or systematic violations of rights set forth
in the Convention by the State party concerned, the Committee
shall invite the State party, through the Secretary-General,
to submit observations with regard to that information within
fixed time limits.
2. The Committee
shall take into account any observations that may have been
submitted by the State party concerned, as well as any other
relevant information.
3. The Committee
may decide to obtain additional information from the following:
4. The Committee
shall decide the form and manner in which such additional information
will be obtained.
5. The Committee
may, through the Secretary-General, request any relevant documentation
from the United Nations system.
Rule
84
Establishment of an inquiry
1. Taking
into account any observations that may have been submitted by
the State party concerned, as well as other reliable information,
the Committee may designate one or more of its members to conduct
an inquiry and to make a report within a fixed time limit.
2. An inquiry
shall be conducted confidentially and in accordance with any
modalities determined by the Committee.
3. Taking
into account the Convention, the Optional Protocol and the present
rules of procedure, the membersdesignated
by the Committee to conduct the inquiry shall determine their
own methods of work.
4. During
the period of the inquiry, the Committee may defer the consideration
of any report that the State party concerned may have submitted
pursuant to article 18 of the Convention.
Rule
85
Cooperation of the State party concerned
1. The Committee
shall seek the cooperation of the State party concerned at all
stages of an inquiry.
2. The Committee
may request the State party concerned to nominate a representative
to meet with the member or members designated by the Committee.
3. The Committee
may request the State party concerned to provide the member
or members designated by the Committee with any information
that they or the State party may consider relates to the inquiry.
Rule
86
Visits
1. Where
the Committee deems it warranted, the inquiry may include a
visit to the territory of the State party concerned.
2. Where
the Committee decides, as a part of its inquiry, that there
should be a visit to the State party concerned, it shall, through
the Secretary-General, request the consent of the State party
to such a visit.
3. The Committee
shall inform the State party concerned of its wishes regarding
the timing of the visit and the facilities required to allow
those members designated by the Committee to conduct the inquiry
to carry out their task.
Rule
87
Hearings
1. With
the consent of the State party concerned, visits may include
hearings to enable the designated members of the Committee to
determine facts or issues relevant to the inquiry.
2. The conditions
and guarantees concerning any hearings held in accordance with
paragraph 1 of the present rule shall be established by the
designated members of the Committee visiting the State party
in connection with an inquiry, and the State party concerned.
3. Any person
appearing before the designated members of the Committee for
the purpose of giving testimony shall make a solemn declaration
as to the veracity of her or his testimony and the confidentiality
of the procedure.
4. The Committee
shall inform the State party that it shall take all appropriate
steps to ensure that individuals under its jurisdiction are
not subjected to ill-treatment or intimidation as a consequence
of participating in any hearings in connection with an inquiry
or with meeting the designated members of the Committee conducting
the inquiry.
Rule
88
Assistance during an inquiry
1. In addition
to the staff and facilities that shall be provided by the Secretary-General
in connection with an inquiry, including during a visit to the
State party concerned, the designated members of the Committee
may, through the Secretary-General, invite interpreters and/or
such persons with special competence in the fields covered by
the Convention as are deemed necessary by the Committee to provide
assistance at all stages of the inquiry.
2. Where
such interpreters or other persons of special competence are
not bound by the oath of allegiance to the United Nations, they
shall be required to declare solemnly that they will perform
their duties honestly, faithfully andimpartially,
and that they will respect the confidentiality of the proceedings.
Rule
89
Transmission of findings, comments or suggestions
1. After
examining the findings of the designated members submitted in
accordance within rule 84 of the present rules, the Committee
shall transmit the findings, through the Secretary-General,
to the State party concerned, together with any comments and
recommendations.
2. The State
party concerned shall submit its observations on the findings,
comments and recommendations to the Committee, through the Secretary-General,
within six months of their receipt.
Rule
90
Follow-up action by the State party
1. The Committee
may, through the Secretary-General, invite a State party that
has been the subject of an inquiry to include, in its report
under article 18 of the Convention, details of any measures
taken in response to the Committee’s findings, comments
and recommendations.
2. The Committee
may, after the end of the period of six months referred to in
paragraph 2 of rule 89 above, invite the State party concerned,
through the Secretary-General, to inform it of any measures
taken in response to an inquiry.
Rule
91
Obligations under article 11 of the Optional Protocol
1. The Committee
shall bring to the attention of the States parties concerned
their obligation under article 11 of the Optional Protocol to
take appropriate steps to ensure that individuals under their
jurisdiction are not subjected to ill-treatment or intimidation
as a consequence of communicating with the Committee under the
Optional Protocol.
2. Where
the Committee receives reliable information that a State party
has breached its obligations under article 11, it may invite
the State party concerned to submit written explanations or
statements clarifying the matter and describing any action it
is taking to ensure that its obligations under article 11 are
fulfilled.
