A/HRC/8/7*
page 33
2.
No communication shall be received by the Committee if it concerns a State Party to the
Covenant which is not a Party to the present Protocol.
Article 2
Communications
Communications may be submitted by or on behalf of individuals or groups of individuals,
under the jurisdiction of a State Party, claiming to be victims of a violation of any of the rights
set forth in Parts II and III of the Covenant by that State Party. Where a communication is
submitted on behalf of individuals or groups of individuals, this shall be with their consent
unless the author can justify acting on their behalf without such consent.
Article 3
Admissibility
1.
The Committee shall not consider a communication unless it has ascertained that all
available domestic remedies have been exhausted. This shall not be the rule where the
application of such remedies is unreasonably prolonged.
2.
The Committee shall declare a communication inadmissible when:
(a) It is not submitted within one year after the exhaustion of domestic remedies, except
in cases where the author can demonstrate that it had not been possible to submit the
communication within that time limit;
(b) The facts that are the subject of the communication occurred prior to the entry into
force of the present Protocol for the State Party concerned unless those facts continued after that
date;
(c) The same matter has already been examined by the Committee or has been or is
being examined under another procedure of international investigation or settlement;
(d)
It is incompatible with the provisions of the Covenant;
(e) It is manifestly ill-founded, not sufficiently substantiated or exclusively based on
reports disseminated by mass media;
(f)
It is an abuse of the right to submit a communication; or when
(g)
It is anonymous or not in writing.
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