A/66/44
may be reviewed by the Rapporteur on new complaints and interim measures, at the
initiative of the State party, in the light of timely information received from that State party
to the effect that the need for interim measures is not justified and the complainant does not
face any prospect of irreparable harm, as well as subsequent comments, if any, from the
complainant. The Rapporteur has taken the position that such requests need only be
addressed if based on new and pertinent information which was not available to him or her
when he or she took his or her initial decision on interim measures.
91.
The Committee has conceptualized the formal and substantive criteria applied by the
Rapporteur on new complaints and interim measures in granting or rejecting requests for
interim measures of protection. Apart from timely submission of a complainant’s request
for interim measures of protection under rule 114, paragraph 1, of the Committee’s rules of
procedure, the basic admissibility criteria set out in article 22, paragraphs 1 to 5, of the
Convention, must be met by the complainant for the Rapporteur to act on his or her request.
The requirement of exhaustion of domestic remedies need not be fulfilled if the only
remedies available to the complainant are without suspensive effect, i.e. remedies that, for
instance, do not automatically stay the execution of an expulsion order to a State where the
complainant might be subjected to torture, or if there is a risk of immediate deportation of
the complainant after the final rejection of his or her asylum application. In such cases, the
Rapporteur may request the State party to refrain from deporting a complainant while his or
her complaint is under consideration by the Committee, even before domestic remedies
have been exhausted. As for substantive criteria to be applied by the Rapporteur, a
complaint must have a reasonable likelihood of success on the merits for it to be concluded
that the alleged victim would suffer irreparable harm in the event of his or her deportation.
92.
In cases concerning imminent expulsion or extradition where a complaint failed to
establish a prima facie case with a reasonable likelihood of success on the merits that would
allow the Rapporteur on new complaints and interim measures to conclude that the alleged
victim would suffer irreparable harm in the event of his or her deportation, the complainant
is requested in writing to confirm his or her interest in having his or her communication
considered by the Committee, despite the rejection, by the Rapporteur, of the respective
request for interim measures.
93.
The Committee is aware that a number of States parties have expressed concern that
interim measures of protection have been requested in too large a number of cases alleging
violations of article 3 of the Convention, especially where the complainant’s deportation is
alleged to be imminent, and that there are insufficient factual elements to warrant a request
for interim measures. The Committee takes such expressions of concern seriously and is
prepared to discuss them with the States parties concerned. In this regard it wishes to point
out that in some cases, requests for interim measures are lifted by the Rapporteur, pursuant
to rule 114, paragraph 3, and on the basis of pertinent State party information received that
obviates the need for interim measures.
C.
Progress of work
94.
At the time of adoption of the present report the Committee had registered, since
1989, 462 complaints concerning 29 States parties.6 Of those, 123 complaints had been
discontinued and 62 had been declared inadmissible. The Committee had adopted final
decisions on the merits on 181 complaints and found violations of the Convention in 60 of
6
GE.11-45568
The complaints examined by the Committee in relation to the Federal Republic of Yugoslavia, as well
as to Serbia and Montenegro, are attributed to Serbia for statistical purposes.
151
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