When can a complaint be submitted under the human rights
treaties?
It is important to submit the complaint as soon as possible after domestic remedies have been exhausted. Delays in doing so may make it difficult for the
State party to respond properly and for the committee to evaluate the facts
thoroughly. In some cases, submission after a protracted period may result in
the case being considered inadmissible.
The procedure
Based on the above-mentioned requirements, the committee in question will
decide whether the case should be registered, that is to say, formally listed
for consideration. The complainant will be informed accordingly. At that
point, the case is transmitted to the State party concerned to give it an opportunity to comment within a set time frame.
The two major stages in the examination of a complaint are known as the
admissibility stage and the merits stage. Admissibility refers to the formal requirements that the complaint must satisfy before the relevant committee can
consider its substance. Merits refers to the substance of the complaint, on
the basis of which the committee decides whether or not the alleged victim’s
rights under the treaty have been violated. These stages are described in
greater detail below. Once the State replies to the complaint, the complainant is offered an opportunity to comment.
Most committees request a State party to provide its observations within six
months from the date on which the complaint was communicated to it. The
State party can challenge the admissibility of the complaint by providing arguments within the first two months of that period. The complainant is always
given an opportunity to comment on the State party’s observations, within a
set time frame.
When comments have been received from both parties, the case is ready
for a decision by the relevant committee. If the State party fails to respond,
despite receiving several reminders from the Secretariat, the committee will
take a decision on the case based on the information submitted by the complainant.
Special circumstances of urgency or sensitivity
A committee may, at any stage of the procedure, request the State party to
take measures to prevent any irreparable harm to the complainant or alleged
victim in connection with the claims in the case. These are called interim
measures. Typically, such requests are issued to prevent actions that cannot
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