A/HRC/8/52
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regard to itself the competence of the Committee. No communication shall be received by the Committee if it
concerns a State Party which has not made such a declaration. Communications received under this article
shall be dealt with in accordance with the following procedure:
(a)
If a State Party to the present Protocol considers that another State Party is not fulfilling its
obligations under the Covenant, it may, by written communication, bring the matter to the attention of that
State Party. The State Party may also inform the Committee of the matter. Within three months after the
receipt of the communication the receiving State shall afford the State that sent the communication an
explanation, or any other statement in writing clarifying the matter which should include, to the extent
possible and pertinent, reference to domestic procedures and remedies taken, pending or available in the
matter;
(b)
If the matter is not settled to the satisfaction of both States Parties concerned within six months
after the receipt by the receiving State of the initial communication, either State shall have the right to refer
the matter to the Committee, by notice given to the Committee and to the other State;
(c)
The Committee shall deal with a matter referred to it only after it has ascertained that all
available domestic remedies have been invoked and exhausted in the matter. This shall not be the rule where
the application of the remedies is unreasonably prolonged;
(d)
Subject to the provisions of subparagraph (c) of the present paragraph the Committee shall
make available its good offices to the States Parties concerned with a view to a friendly solution of the matter
on the basis of the respect for the obligations set forth in the Covenant;
(e)
The Committee shall hold closed meetings when examining communications under the present
article;
(f)
In any matter referred to it in accordance with subparagraph (b) of the present paragraph, the
Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant
information;
(g)
The States Parties concerned, referred to in subparagraph (b) of the present paragraph, shall
have the right to be represented when the matter is being considered by the Committee and to make
submissions orally and/or in writing;
(h)
The Committee shall, with all due expediency after the date of receipt of notice under
subparagraph (b) of the present paragraph, submit a report, as follows:
(i)
If a solution within the terms of subparagraph (d) of the present paragraph is
reached, the Committee shall confine its report to a brief statement of the facts and of
the solution reached;
(ii)
If a solution within the terms of subparagraph (d) is not reached, the Committee shall, in
its report, set forth the relevant facts concerning the issue between the States Parties
concerned. The written submissions and record of the oral submissions made by the
States Parties concerned shall be attached to the report. The Committee may also
communicate only to the States Parties concerned any views that it may consider
relevant to the issue between them.
In every matter, the report shall be communicated to the States Parties concerned.
2.
A declaration under paragraph 1 of the present article shall be deposited by the States Parties with the
Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A
declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall
not prejudice the consideration of any matter that is the subject of a communication already transmitted under
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