later be undone, for example the execution of a death sentence or deportation to a country where the complainant would face a risk of torture. They do
not imply a determination on the admissibility or the merits of the case, but
for a committee to consider that the alleged victim would suffer irreparable
harm, the case must have a reasonable likelihood of success on the merits. If
the complainant wishes the committee to issue a request for interim measures,
he/she should state this explicitly and explain in detail why such action is
necessary.
It takes several working days for a committee to process a request for interim
measures. Any such request should therefore reach the secretariat as early as
possible before the action that the complainant is seeking to prevent could
materialize.
A committee may withdraw a request for interim measures on the basis of
information received from the parties to the complaint suggesting that such
measures are no longer required.
Admissibility of the complaint
Before a committee can consider a complaint on its merits or substance, it
must be satisfied that the formal requirements of admissibility are met. When
examining admissibility, it may consider one or several of the following factors:
• If the complainant is acting on behalf of another
person, has he or she obtained sufficient authorization
or otherwise justified the reasons for doing so?
• Is the complainant (or the person on whose behalf the
complaint is brought) a victim of the alleged violation?
It has to be shown that the alleged victim is personally and directly
affected by the law, policy, practice, act or omission of the State party
which constitutes the object of the complaint. It is not sufficient simply
to challenge a law or State policy or practice in the abstract (so-called
actio popularis) without demonstrating how the alleged victim is individually affected.
• Is the complaint compatible with the provisions of the
treaty invoked? The alleged violation must relate to a right actually protected by the treaty. For instance, a complaint filed under the
Optional Protocol to the International Covenant on Civil and Political
Rights cannot concern a violation of the right to property, since the
Covenant does not protect that right. In such a case, the claim would
be, in legal terms, inadmissible ratione materiae.
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