(c) That the commun"~ation i. not an abu.e at the right to .ubmit a
communication und.r article 22 of the Conv.ntion,
(d) That the communication is not incompatible with the provi.ion. of the
Convention,
(.) That the sarne matt.r ha. not been and is not b.ineJ ellamined under anoth.r
procedure of int.rnational inve.tigation or •• ttlement,
(f) That the individual ha. exhausted all available dom•• tic remedie ••
However, thl8 .hall not be the rule wher~ the applic~tion of the remedi •• il
unrea.onably proloneJed or i. unlik~ly to bring efrectiv. relief to the per.on who
i. the victim of the violation of thil Convention.
2.
The Committee shall conlider a communication, which i. otherwi.e admi.sible,
wh.n.ver the conditions laid down in artlcle 22, paraeJraph 5, ar. milt.
Ad4ltiaAal_information. clarification. and ob.eryation.
1.
Th. Committ.e or the Working Group •• tabli.hed und.r rule 11/22 may r.qu•• t,
throueJh the ~ecretary-Gen.ral, the State party concerned or the .uthor at the
communic.tion to .ubmit additional written intormation, clarification. or
ob•• rvation. relevant to the qu•• tion of admi •• ibility of the communication.
2.
Reque.t. referred to in paragraph 1 of this rule which ar• •ddr••••d to the
atate party .hall be accompanied by the text of the communication.
3.
A comnnmication may not be declar.d admh.ible unle•• the State party
conc.rned hell received the te.t of the communic.tion and h•• been eJiven an
opportunity to furni.h information or ob.ervation. a. provided in paraeJraph 1 of
thh rule, .Lncludtng information re1atin9 to thtt exhau.tion of dome.tic rem.die ••
4.
Th. Committee or th~ Working Group may adopt a que.tionnair. for requ•• ting
.uch additional inrormation o~ clarification••
5.
Th. Committee or the Working Group shall indicate a tim.-limit for the
.ubml •• ion 0 luch additional information or clarification with a vi.~ t~o avoiding
undue del a'y •
6.
If the time-limit is not respected by the State party concerned or the author
of a communication, the Committee or the Working Group may decide to con.id.r the
admi •• ibility of the communication in the light at available information.
1.
If the State party concerned diapute. the contention of thft author of a
communicfltion that all available dome. tic remedies have been exhaueted, the State
party i. required to give details of the effective r.medte. available to the
all.g.d 'Victim in the particular:- circum8tances of the ell 1! and in accordance with
the provi.ion. of article 22, paragraph 5 (11), of thu Conv'ntion.
8.
Within Much time-limit as iudicated by the Committee or the Working Group, th~
State party or the author of a communication may b~ afforded an opportunity to
comment on .,ny Bubmisll10n received from , le other party pursuant to
requelt made
--39-
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