Annexes
(g) The States Parties concerned, referred to in
subparagraph (b), shall have the right to be represented when the matter is being considered by the
Committee and to make submissions orally and/or in
writing;
(h) The Committee shall, within twelve months after
the date of receipt of notice under subparagraph (b),
submit a report;
(i) If a solution within the terms of subparagraph (e)
is reached, the Committee shall confine its report
to a brief statement of the facts and of the solution
reached;
(ii) If a solution within the terms of subparagraph (e)
is not reached, the Committee shall confine its report
to a brief statement of the facts; the written submissions and record of the oral submissions made by
the States Parties concerned shall be attached to the
report.
In every matter, the report shall be communicated to
the States Parties concerned.
2. The provisions of this article shall come into force
when five States Parties to this Convention have made
declarations under paragraph 1 of this article. Such
declarations shall be deposited by the States Parties
with the Secretary-General of the United Nations,
who shall transmit copies thereof to the other States
Parties. A declaration may be withdrawn at any
time by notification to the Secretary-General. Such a
withdrawal shall not prejudice the consideration of
any matter which is the subject of a communication
already transmitted under this article; no further
communication by any State Party shall be received
under this article after the notification of withdrawal
of the declaration has been received by the SecretaryGeneral, unless the State Party concerned has made a
new declaration.
Article 22
1. A State Party to this Convention may at any time
declare under this article that it recognizes the competence of the Committee to receive and consider
communications from or on behalf of individuals
subject to its jurisdiction who claim to be victims of
a violation by a State Party of the provisions of the
Convention. No communication shall be received by
the Committee if it concerns a State Party which has
not made such a declaration.
2. The Committee shall consider inadmissible any communication under this article which is anonymous
or which it considers to be an abuse of the right of
submission of such communications or to be incompatible with the provisions of this Convention.
3. Subject to the provisions of paragraph 2, the
Committee shall bring any communications submitted to it under this article to the attention of the State
Party to this Convention which has made a declaration under paragraph 1 and is alleged to be violating
any provisions of the Convention. Within six months,
the receiving State shall submit to the Committee
written explanations or statements clarifying the
matter and the remedy, if any, that may have been
taken by that State.
4. The Committee shall consider communications
received under this article in the light of all information made available to it by or on behalf of the
individual and by the State Party concerned.
5. The Committee shall not consider any communications from an individual under this article unless it
has ascertained that:
(a) The same matter has not been, and is not being,
examined under another procedure of international
investigation or settlement;
(b) The individual has exhausted all available
domestic remedies; this shall not be the rule where
the application of the remedies is unreasonably
prolonged or is unlikely to bring effective relief to
the person who is the victim of the violation of this
Convention.
6. The Committee shall hold closed meetings when
examining communications under this article.
7. The Committee shall forward its views to the State
Party concerned and to the individual.
8. The provisions of this article shall come into force
when five States Parties to this Convention have made
declarations under paragraph 1 of this article. Such
declarations shall be deposited by the States Parties
with the Secretary-General of the United Nations,
who shall transmit copies thereof to the other States
Parties. A declaration may be withdrawn at any
time by notification to the Secretary-General. Such a
withdrawal shall not prejudice the consideration of
any matter which is the subject of a communication
already transmitted under this article; no further
communication by or on behalf of an individual shall
be received under this article after the notification of
withdrawal of the declaration has been received by
the SecretaryGeneral, unless the State Party has made
a new declaration.
Norway’s National Preventive Mechanism – Annual Report 2014
57
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