United Nations Human Rights Website - Treaty Bodies Database - Document - Sessional/Annual Report of Committee - 6.2 Counsel alleges that the reconstruction in situ was refused because it would reveal a violation of article 16 of the Convention. Issues and proceedings before the Committee 7.1 Before considering any claim in a communication, the Committee must decide whether or not it is admissible under article 22 of the Convention. 7.2 Article 22, paragraph 5 (b), of the Convention precludes the Committee from considering any communication unless it has ascertained that all available domestic remedies have been exhausted. The Committee notes that the ill-treatment inflicted on the complainants is currently the subject of a judicial review in Papeete. The Committee finds that the information before it does not suggest that the recourse procedure is being unreasonably delayed or that it is unlikely to bring the complainants effective relief. It observes, therefore, that the conditions laid down in article 22, paragraph 5 (b), of the Convention have not been met. 8. The Committee therefore decides: (a) That the communication is inadmissible; (b) That this decision may be reconsidered under rule 109 of the rules of procedure if the Committee receives a written request by or on behalf of the individuals concerned containing documentary evidence to the effect that the reasons for inadmissibility no longer apply; (c) That this decision shall be communicated to counsel for the complainants and to the State party. [Done in English, French, Russian and Spanish, the French text being the original version.] Notes 1 See Official Records of the General Assembly, Forty-ninth session, Supplement No. 44 (A/49/44), annex V, sect. B, Communication No. 13/1993. 2 See Office of the United Nations High Commissioner for Refugees, Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, Geneva, September 1979. 3 See Views on Communication No. 13/1993 (Mutombo v. Switzerland). (Official Records of the General Assembly, Forty-ninth Session Supplement No. 44 (A/49/44), annex V, sect. B, Communication No. 13/1993, para. 9.2.) 4 United Nations, Treaty Series, vol. 189, No. 2545. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (107 of 109)16/10/2006 9:54:12 AM