A/HRC/5/21
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(c) Its language is not abusive. However, such a communication may be
considered if it meets the other criteria for admissibility after deletion of the abusive
language;
(d) It is submitted by a person or a group of persons claiming to be the victims of
violations of human rights and fundamental freedoms, or by any person or group of
persons, including non-governmental organizations, acting in good faith in accordance
with the principles of human rights, not resorting to politically motivated stands contrary to
the provisions of the Charter of the United Nations and claiming to have direct and reliable
knowledge of the violations concerned. Nonetheless, reliably attested communications
shall not be inadmissible solely because the knowledge of the individual authors is
second-hand, provided that they are accompanied by clear evidence;
(e)
It is not exclusively based on reports disseminated by mass media;
(f) It does not refer to a case that appears to reveal a consistent pattern of gross
and reliably attested violations of human rights already being dealt with by a special
procedure, a treaty body or other United Nations or similar regional complaints procedure
in the field of human rights;
(g) Domestic remedies have been exhausted, unless it appears that such remedies
would be ineffective or unreasonably prolonged.
88. National human rights institutions, established and operating under the Principles
Relating to the Status of National Institutions (the Paris Principles), in particular in regard
to quasi-judicial competence, may serve as effective means of addressing individual human
rights violations.
C. Working groups
89. Two distinct working groups shall be established with the mandate to examine the
communications and to bring to the attention of the Council consistent patterns of gross
and reliably attested violations of human rights and fundamental freedoms.
90. Both working groups shall, to the greatest possible extent, work on the basis of
consensus. In the absence of consensus, decisions shall be taken by simple majority of the
votes. They may establish their own rules of procedure.
1.
Working Group on Communications: composition,
mandate and powers
91. The Human Rights Council Advisory Committee shall appoint five of its members,
one from each Regional Group, with due consideration to gender balance, to constitute the
Working Group on Communications.
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