A/RES/54/4
Page 4
2.
The Committee shall declare a communication inadmissible where:
(a) 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;
(b) It is incompatible with the provisions of the Convention;
(c) It is manifestly ill-founded or not sufficiently substantiated;
(d) It is an abuse of the right to submit a communication;
(e) 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.
Article 5
1. 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 take such interim measures as may be necessary to avoid possible irreparable damage to the
victim or victims of the alleged violation.
2. Where the Committee exercises its discretion under paragraph 1 of the present article, this does not imply
a determination on admissibility or on the merits of the communication.
Article 6
1. Unless the Committee considers a communication inadmissible without reference to the State Party
concerned, and provided that the individual or individuals consent to the disclosure of their identity to that State
Party, the Committee shall bring any communication submitted to it under the present Protocol confidentially
to the attention of the State Party concerned.
2. Within six months, the receiving State Party shall submit to the Committee written explanations or
statements clarifying the matter and the remedy, if any, that may have been provided by that State Party.
Article 7
1. The Committee shall consider communications received under the present Protocol in the light of all
information made available to it by or on behalf of individuals or groups of individuals and by the State Party
concerned, provided that this information is transmitted to the parties concerned.
2.
The Committee shall hold closed meetings when examining communications under the present Protocol.
3. After examining a communication, the Committee shall transmit its views on the communication, together
with its recommendations, if any, to the parties concerned.
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