- 72 197. Consideration of complaints under article 22 of the Convention takes place in closed
meetings (art. 22, para. 6). All documents pertaining to the work of the Committee under
article 22, i.e. submissions from the parties and other working documents of the Committee, are
confidential.
198. At its twenty-eighth session, the Committee adopted revised rules of procedure to
facilitate and expedite the examination of complaints (annex IX).
199. Pursuant to revised rule 107 of the rules of procedure, with a view to reaching a decision
on the admissibility of a complaint, the Committee, its Working Group, or a rapporteur
designated under rules 98 or 106, paragraph 3, shall ascertain: that the individual claims to be a
victim of a violation by the State party concerned of the provisions of the Convention; that the
complaint is not an abuse of the Committee’s process or manifestly unfounded; that it is not
incompatible with the provisions of the Convention; that the same matter has not been and is not
being examined under another procedure of international investigation or settlement; that the
complainant has exhausted all available domestic remedies and that the time elapsed since the
exhaustion of domestic remedies is not unreasonably prolonged as to render consideration of the
claims unduly difficult for the Committee or the State party.
200. Pursuant to revised rule 109 of the rules of procedure, as soon as possible after a
complaint has been registered, it shall be transmitted to the State party requesting a written reply
within six months. Unless the Committee, the Working Group or a rapporteur decides, because
of the exceptional nature of the case, to request a reply that relates only to the question of
admissibility, the State party shall include in its reply explanations or statements that shall relate
both to the admissibility and the merits of the complaint as well as to any remedy that may have
been provided. A State party may apply, within two months, for the complaint to be rejected as
inadmissible. The Committee, or the Rapporteur for new complaints and interim measures, may
or may not agree to split the examination of admissibility from that of the merits. Following a
separate decision on admissibility, the Committee shall fix the deadline for submissions on a
case-by-case basis. The Committee, its Working Group or rapporteur(s) may request the State
party concerned or the complainant to submit additional written information, clarifications or
observations, and shall indicate a time limit for their submission. Within such time limits as
indicated by the Committee, its Working Group or rapporteur(s), the State party or the
complainant may be afforded an opportunity to comment on any submission received from the
other party. Non-receipt of submissions or comments should not generally delay the
consideration of the complaint, and the Committee or its Working Group may decide to consider
the admissibility and/or merits in the light of available information.
201. The Committee concludes examination of a complaint by formulating a decision thereon
in the light of all information made available to it by the complainant and the State party. The
findings of the Committee are communicated to the parties (article 22, paragraph 7, of the
Convention and rule 112 of the rules of procedure) and are made available to the general public.
The text of the Committee’s decisions declaring complaints inadmissible under article 22 of the
Convention is also made public without disclosing the identity of the complainant, but
identifying the State party concerned.
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