2.
In cases where the author can justify such action, communications may be submitted on
behalf of an alleged victim without her consent.
3.
Where an author seeks to submit a communication in accordance with paragraph 2 of the
present rule, she or he shall provide written reasons justifying such action.
Procedures with regard to communications received
Rule 69
1.
As soon as possible after the communication has been received, and provided that the
individual or group of individuals consent to the disclosure of their identity to the State party
concerned, the Committee, working group or rapporteur shall bring the communication
confidentially to the attention of the State party and shall request that State party to submit a
written reply to the communication.
2.
Any request made in accordance with paragraph 1 of the present rule shall include a
statement indicating that such a request does not imply that any decision has been reached on the
question of admissibility of the communication.
3.
Within six months after receipt of the Committee’s request under the present rule, the
State party shall submit to the Committee written explanations or statements that relate to the
admissibility of the communication and its merits, as well as to any remedy that may have been
provided in the matter.
4.
The Committee, working group or rapporteur may request written explanations or
statements that relate only to the admissibility of a communication but, in such cases, the State
party may nonetheless submit written explanations or statements that relate to both the
admissibility and the merits of a communication, provided that such written explanations or
statements are submitted within six months of the Committee’s request.
5.
A State party that has received a request for a written reply in accordance with
paragraph 1 of the present rule may submit a request in writing that the communication be
rejected as inadmissible, setting out the grounds for such inadmissibility, provided that such a
request is submitted to the Committee within two months of the request made under paragraph 1.
6.
If the State party concerned disputes the contention of the author or authors, in
accordance with article 4, paragraph 1, of the Optional Protocol, that all available domestic
remedies have been exhausted, the State party shall give details of the remedies available to the
alleged victim or victims in the particular circumstances of the case.
7.
Submission by the State party of a request in accordance with paragraph 5 of the present
rule shall not affect the period of six months given to the State party to submit its written
explanations or statements unless the Committee, working group or rapporteur decides to extend
the time for submission for such a period as the Committee considers appropriate.
8.
The Committee, working group or rapporteur may request the State party or the author of
the communication to submit, within fixed time limits, additional written explanations or
statements relevant to the issues of the admissibility or merits of a communication.
117
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