A/HRC/5/21
page 19
human rights and fundamental freedoms and to make recommendations to the Council on
the course of action to take, normally in the form of a draft resolution or decision with
respect to the situations referred to it. When the Working Group on Situations requires
further consideration or additional information, its members may keep a case under
review until its next session. The Working Group on Situations may also decide to dismiss
a case.
99. All decisions of the Working Group on Situations shall be duly justified and indicate
why the consideration of a situation has been discontinued or action recommended thereon.
Decisions to discontinue should be taken by consensus; if that is not possible, by simple
majority of the votes.
D. Working modalities and confidentiality
100. Since the complaint procedure is to be, inter alia, victims-oriented and conducted in a
confidential and timely manner, both Working Groups shall meet at least twice a year for
five working days each session, in order to promptly examine the communications
received, including replies of States thereon, and the situations of which the Council is
already seized under the complaint procedure.
101. The State concerned shall cooperate with the complaint procedure and make every
effort to provide substantive replies in one of the United Nations official languages to
any of the requests of the Working Groups or the Council. The State concerned shall also
make every effort to provide a reply not later than three months after the request has been
made. If necessary, this deadline may however be extended at the request of the State
concerned.
102. The Secretariat is requested to make the confidential files available to all members of
the Council, at least two weeks in advance, so as to allow sufficient time for the
consideration of the files.
103. The Council shall consider consistent patterns of gross and reliably attested
violations of human rights and fundamental freedoms brought to its attention by the
Working Group on Situations as frequently as needed, but at least once a year.
104. The reports of the Working Group on Situations referred to the Council shall be
examined in a confidential manner, unless the Council decides otherwise. When the
Working Group on Situations recommends to the Council that it consider a situation in a
public meeting, in particular in the case of manifest and unequivocal lack of cooperation,
the Council shall consider such recommendation on a priority basis at its next session.
105. So as to ensure that the complaint procedure is victims-oriented, efficient and
conducted in a timely manner, the period of time between the transmission of the
complaint to the State concerned and consideration by the Council shall not, in principle,
exceed 24 months.
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