Confidentiality of communications
Rule 74
1.
Communications submitted under the Optional Protocol shall be examined by the
Committee, working group or rapporteur in closed meetings.
2.
All working documents prepared by the Secretariat for the Committee, working group or
rapporteur, including summaries of communications prepared prior to registration and the list of
summaries of communications, shall be confidential unless the Committee decides otherwise.
3.
The Committee, working group or rapporteur shall not make public any communication,
submissions or information relating to a communication prior to the date on which its Views are
issued.
4.
The author or authors of a communication or the individuals who are alleged to be the
victim or victims of a violation of the rights set forth in the Convention may request that the
names and identifying details of the alleged victim or victims (or any of them) not be published.
5.
If the Committee, working group or rapporteur so decides, the name or names and
identifying details of the author or authors of a communication or the individuals who are alleged
to be the victim or victims of a violation of rights set forth in the Convention shall not be made
public by the Committee, the author or the State party concerned.
6.
The Committee, working group or rapporteur may request the author of a communication
or the State party concerned to keep confidential the whole or part of any submission or
information relating to the proceedings.
7.
Subject to paragraphs 5 and 6 of the present rule, nothing in this rule shall affect the right
of the author or authors or the State party concerned to make public any submission or
information bearing on the proceedings.
8.
Subject to paragraphs 5 and 6 of the present rule, the Committee’s decisions on
admissibility, merits and discontinuance shall be made public.
9.
The Secretariat shall be responsible for the distribution of the Committee’s final
decisions to the author or authors and the State party concerned.
10.
The Committee shall include in its annual report under article 21 of the Convention a
summary of the communications examined and, where appropriate, a summary of the
explanations and statements of the States parties concerned, and of its own suggestions and
recommendations.
11.
Unless the Committee decides otherwise, information furnished by the parties in
follow-up to the Committee’s Views and recommendations under paragraphs 4 and 5 of article 7
of the Optional Protocol shall not be confidential. Unless the Committee decides otherwise,
decisions of the Committee with regard to follow-up activities shall not be confidential.
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