PART 2: Procedures of the Human Rights Commitee and the Committee against Torture
Textbox i Flow-Chart: Process for Consideration of an OP Complaint
Author of Communication
Secretariat
Urgent! Committee
may request State for
interim measure
State arguments
on admissibility and merits
sent to author for
response within 2 months
Seeks further clarification
on complaint
Special Rapporteur on
New Communications
who will consider if case
should be registered
under OP
NO – Registration rejected
YES – Registered
Committee dismisses on
basis of clear inadmissibility
Complaint sent to State
for response on
admissibility and merits
within 6 months
State requests separation
of admissibility and merits
NO – Request for
separation refused
YES – Request for
separation upheld
State and author given
further opportunity
to respond
State arguments
on admissibility sent
to author for response
within 2 months
Committee decides
on admissibility
YES – Complaint admissible
Parties given further
opportunity to consider
respective arguments
on merits
Committee receives
arguments from parties
regarding merits
NO – Complaint
inadmissible both
parties informed
Committee consider merits
Violation/s found
Follow up
Both parties informed.
State expected to respond
w/in 180 days
No violation/s.
Both parties informed
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