It is highly recommended that complainants should specify the rights set out in
the treaty that have allegedly been violated. It is also advisable to indicate the
kinds of remedies that the complainant would like to obtain from the State party, should the committee conclude that the facts before it disclose a violation.
The complainant should also detail the steps he or she has already taken
to exhaust the remedies available in the State party against which the complaint is directed, that is, steps taken before the State party’s local courts and
authorities. The requirement to exhaust domestic remedies means that the
claims must have been brought first to the attention of the relevant national
authorities, up to the highest available instance. If some of these remedies
are pending or have not yet been exhausted, this should also be indicated,
as well as the reasons for it. See below for further details.
Complainants should supply copies of all documents9 of relevance to their
claims and arguments, especially administrative or judicial decisions on the
claims issued by national authorities. If these documents are not in an official language of the United Nations, a full or summary translation must be
submitted. The documents should be listed chronologically, numbered consecutively and accompanied by a concise description of their contents. The
complaint should not exceed 50 pages (excluding annexes). If it exceeds
20 pages, it should also include a short summary of up to 5 pages highlighting its main elements.
If the complaint lacks essential information to be processed under these procedures or the description of facts is unclear, the Secretariat of the United
Nations (OHCHR) will contact the complainant with a request for additional
details or resubmission. Complainants should be diligent in their correspondence with the Secretariat and the information requested should be sent as
soon as possible. If the information is not received within a year from the
date of the request, the file will be closed.
Final decisions adopted by the committees are made public. Therefore, if
complainants do not wish their identity to be disclosed in final decisions, they
should indicate this at the earliest opportunity. Owing to the level of publicity
that the decisions usually receive (including dissemination via the Internet,
which makes it virtually impossible to correct and/or delete data), it may not
be possible for the United Nations to satisfy requests for anonymity submitted
after the publication of final decisions.
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Only copies should be submitted, not originals.
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