98.
The Working Group on Situations is requested, on the basis of the information and recommendations
provided by the Working Group on Communications, to present the Council with a report on consistent patterns
of gross and reliably attested violations of 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.
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.
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