If the Committee decides that a communication is
admissible, after informing the complainant and
transmitting its decision to the State party concerned,
it will consider the merits of the case. Within six
months, the State party concerned should submit to
the Committee explanations or statements clarifying
the case and indicating any measures that may have
been taken to remedy the situation. The complainant
may also submit observations or additional
information to the Committee.
The Committee includes in its annual report a
summary of the communications examined, of the
explanations and statements of the State parties
concerned, and of its own Views.
By the end of its 39th session in November 2007, the
Committee had adopted 145 Views on individual
communications submitted to it.
From the first to the end of the 39th session of the
Committee, 332 communications relating to alleged
violations by States parties had been registered for
consideration under article 22 of the Convention. By
the end of 2007, the status of these communications
was as follows:
When registering a communication, or when
considering either the admissibility or the merits of a
case, and prior to any decision being taken, the
Committee may, pursuant to rule 108 of its rules of
procedure, request the State party concerned to take
measures to avoid potential irreparable damage to
the alleged victim. This provision offers persons
who claim a violation of the Convention protection
against any State party action or inaction that would
be incompatible with that State’s obligations under
the Convention. At the same time, it does not
prejudge the Committee’s final decision.
In the light of all the information made available to it
by the complainant and the State party concerned,
the Committee considers the communication and
adopts its Views thereon. Any member of the
Committee may express an individual opinion. The
Views are transmitted to the complainant and the
State party, which if a violation of the Convention
has been found, is invited by the Committee to
inform it of any action it may take in conformity
with the Views. Such follow-up information is
usually requested within three months of the
transmittal of the Views.
2
145 concluded by adoption of Views (47 with
finding of a violation of the Convention, 98
without finding of a violation of the
Convention)
58 declared inadmissible
89 discontinued or withdrawn
4 declared admissible and awaiting a decision
on the merits
3 suspended
33 pending at the pre-admissibility stage