A/RES/61/106
Article 2
The Committee shall consider a communication inadmissible when:
(a)
The communication is anonymous;
(b) The communication constitutes an abuse of the right of submission of
such communications or is incompatible with the provisions of the Convention;
(c) The same matter has already been examined by the Committee or has
been or is being examined under another procedure of international investigation or
settlement;
(d) All available domestic remedies have not been exhausted. This shall not
be the rule where the application of the remedies is unreasonably prolonged or
unlikely to bring effective relief;
(e)
It is manifestly ill-founded or not sufficiently substantiated; or when
(f) The facts that are the subject of the communication occurred prior to the
entry into force of the present Protocol for the State Party concerned unless those
facts continued after that date.
Article 3
Subject to the provisions of article 2 of the present Protocol, the Committee
shall bring any communications submitted to it confidentially to the attention of the
State Party. Within six months, the receiving State shall submit to the Committee
written explanations or statements clarifying the matter and the remedy, if any, that
may have been taken by that State.
Article 4
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 the State Party take such
interim measures as may be necessary to avoid possible irreparable damage to the
victim or victims of the alleged violation.
2.
Where the Committee exercises its discretion under paragraph 1 of this article,
this does not imply a determination on admissibility or on the merits of the
communication.
Article 5
The Committee shall hold closed meetings when examining communications
under the present Protocol. After examining a communication, the Committee shall
forward its suggestions and recommendations, if any, to the State Party concerned
and to the petitioner.
Article 6
1.
If the Committee receives reliable information indicating grave or systematic
violations by a State Party of rights set forth in the Convention, the Committee shall
invite that State Party to cooperate in the examination of the information and to this
end submit observations with regard to the information concerned.
2.
Taking into account any observations that may have been submitted by the
State Party concerned as well as any other reliable information available to it, the
26