VI.
CONSIDERATION OF COMMUNICATIONS UNDER ARTICLE 22 OF
THE CONVENTION
223. Under article 22 of the Convention, individuals who claim that any of their
rights enumerated in the Convention have been violated by a State party and who
have exhausted all available domestic remedies may submit communications to the
Committee for consideration. Thirty-six out of 88 States that have acceded to
or ratified the Convention have declared that they recognize the competence of
the Committee to receive and consider communications under article 22 of the
Convention. Those States are: Algeria, Argentina, Australia, Austria,
Bulgaria, Canada, Croatia, Cyprus, Denmark, Ecuador, Finland, France, Greece,
Hungary, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, New
Zealand, Norway, Poland, Portugal, Russian Federation, Slovakia, Slovenia,
Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Uruguay, Venezuela and
Federal Republic of Yugoslavia (Serbia and Montenegro). No communication may be
considered by the Committee if it concerns a State party to the Convention that
has not recognized the competence of the Committee to do so.
224. Consideration of communications under article 22 of the Convention takes
place in closed meetings (art. 22, para. 6). All documents pertaining to the
work of the Committee under article 22 (submissions from the parties and other
working documents of the Committee) are confidential.
225. In carrying out its work under article 22 of the Convention, the Committee
may be assisted by a working group of not more than five of its members or by a
special rapporteur designated from among its members. The working group or the
special rapporteur submits recommendations to the Committee regarding the
fulfilment of the conditions of admissibility of communications or assists it in
any manner which the Committee may decide (rule 106 of the rules of procedure of
the Committee). Special rapporteurs may take procedural decisions (under
rule 108) during inter-sessional periods, thereby expediting the processing of
communications by the Committee.
226. A communication may not be declared admissible unless the State party has
received the text of the communication and has been given an opportunity to
furnish information or observations concerning the question of admissibility,
including information relating to the exhaustion of domestic remedies (rule 108,
para. 3). Within six months after the transmittal to the State party of a
decision of the Committee declaring a communication admissible, the State party
shall submit to the Committee written explanations or statements clarifying the
matter under consideration and the remedy, if any, which has been taken by it
(rule 110, para. 2). In cases that require expeditious consideration, the
Committee invites the States parties concerned, if they have no objections to
the admissibility of the communications, to furnish immediately their
observations on the merits of the case.
227. The Committee concludes examination of an admissible communication by
formulating its views thereon in the light of all information made available to
it by the complainant and the State party. The views of the Committee are
communicated to the parties (art. 22, para. 7, of the Convention and rule 111,
para. 3, of the rules of procedure of the Committee) and are made available to
the general public. Generally, the text of the Committee’s decisions declaring
communications inadmissible under article 22 of the Convention are also made
public without disclosing the identity of the author of the communication, but
identifying the State party concerned.
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