A/HRC/15/25
(b)
The communication constitutes an abuse of the right of submission of such
communications or is incompatible with the provisions of this Convention;
(c)
The same matter is being examined under another procedure of international
investigation or settlement of the same nature; or where
(d)
All effective available domestic remedies have not been exhausted. This rule
shall not apply where the application of the remedies is unreasonably prolonged.
3.
If the Committee considers that the communication meets the requirements set out in
paragraph 2 of this article, it shall transmit the communication to the State party concerned,
requesting it to provide observations and comments within a time limit set by the
Committee.
4.
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 will take such interim measures as may
be necessary to avoid possible irreparable damage to the victims of the alleged violation.
Where the Committee exercises its discretion, this does not imply a determination on
admissibility or on the merits of the communication.
5.
The Committee shall hold closed meetings when examining communications under
the present article. It shall inform the author of a communication of the responses provided
by the State party concerned. When the Committee decides to finalize the procedure, it
shall communicate its views to the State party and to the author of the communication.
Article 38
Relationship of the Committee with other bodies
In order to foster the effective implementation of the present Convention and to
encourage international cooperation in the field covered by the present Convention:
(a)
The specialized agencies and other United Nations organs shall be entitled to
be represented at the consideration of the implementation of such provisions of the present
Convention as fall within the scope of their mandate. The Committee may invite the
specialized agencies and other competent bodies as it may consider appropriate to provide
expert advice on the implementation of the Convention in areas falling within the scope of
their respective mandates. The Committee may invite specialized agencies and other United
Nations organs to submit reports on the implementation of the Convention in areas falling
within the scope of their activities;
(b)
The Committee, as it discharges its mandate, shall consult, as appropriate,
other relevant bodies instituted by international human rights treaties, with a view to
ensuring the consistency of their respective reporting guidelines, suggestions and general
recommendations, and avoiding duplication and overlap in the performance of their
functions;
(c)
The Committee may refer urgent matters and legal questions to the General
Assembly, Security Council or other United Nations bodies, and to their respective
specialized committees, as appropriate, and may request the General Assembly or Security
Council to request, pursuant to Article 96 of the United Nations Charter, advisory opinions
from the International Court of Justice on any legal question.
40
GE.10-15155
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