A/HRC/5/21
page 20
E. Involvement of the complainant and of the State concerned
106. The complaint procedure shall ensure that both the author of a communication and
the State concerned are informed of the proceedings at the following key stages:
(a) When a communication is deemed inadmissible by the Working Group on
Communications or when it is taken up for consideration by the Working Group on
Situations; or when a communication is kept pending by one of the Working Groups or by
the Council;
(b)
At the final outcome.
107. In addition, the complainant shall be informed when his/her communication is
registered by the complaint procedure.
108. Should the complainant request that his/her identity be kept confidential, it will not
be transmitted to the State concerned.
F. Measures
109. In accordance with established practice the action taken in respect of a particular
situation should be one of the following options:
(a) To discontinue considering the situation when further consideration or action is
not warranted;
(b) To keep the situation under review and request the State concerned to provide
further information within a reasonable period of time;
(c) To keep the situation under review and appoint an independent and highly
qualified expert to monitor the situation and report back to the Council;
(d) To discontinue reviewing the matter under the confidential complaint
procedure in order to take up public consideration of the same;
(e) To recommend to OHCHR to provide technical cooperation, capacity-building
assistance or advisory services to the State concerned.
V. AGENDA AND FRAMEWORK FOR THE PROGRAMME OF WORK
A. Principles
− Universality
− Impartiality
− Objectivity
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