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Annexes
4. The Committee may, at its discretion, decide to
include any comments made by it in accordance
with paragraph 3 of this article, together with the
observations thereon received from the State Party
concerned, in its annual report made in accordance
with article 24. If so requested by the State Party concerned, the Committee may also include a copy of the
report submitted under paragraph 1 of this article.
Article 20
1. If the Committee receives reliable information which
appears to it to contain well-founded indications
that torture is being systematically practised in the
territory of a State Party, the Committee shall invite
that State Party to cooperate in the examination of the
information and to this end to submit observations
with regard to the information concerned.
2. Taking into account any observations which may
have been submitted by the State Party concerned,
as well as any other relevant information available
to it, the Committee may, if it decides that this is
warranted, designate one or more of its members
to make a confidential inquiry and to report to the
Committee urgently.
3. If an inquiry is made in accordance with paragraph 2
of this article, the Committee shall seek the cooperation of the State Party concerned. In agreement with
that State Party, such an inquiry may include a visit to
its territory.
4. After examining the findings of its member or members submitted in accordance with paragraph 2 of
this article, the Commission shall transmit these findings to the State Party concerned together with any
comments or suggestions which seem appropriate in
view of the situation.
5. All the proceedings of the Committee referred to in
paragraphs 1 to 4 of this article shall be confidential,
and at all stages of the proceedings the cooperation
of the State Party shall be sought. After such proceedings have been completed with regard to an inquiry
made in accordance with paragraph 2, the Committee
may, after consultations with the State Party concerned, decide to include a summary account of the
results of the proceedings in its annual report made
in accordance with article 24.
Article 21
1. A State Party to this Convention may at any time
declare under this article that it recognizes the competence of the Committee to receive and consider
communications to the effect that a State Party claims
that another State Party is not fulfilling its obligations
Norway’s National Preventive Mechanism – Annual Report 2014
under this Convention. Such communications may be
received and considered according to the procedures
laid down in this article only if submitted by a State
Party which has made a declaration recognizing in
regard to itself the competence of the Committee. No
communication shall be dealt with by the Committee
under this article if it concerns a State Party which
has not made such a declaration. Communications
received under this article shall be dealt with in
accordance with the following procedure;
(a) If a State Party considers that another State
Party is not giving effect to the provisions of this
Convention, it may, by written communication, bring
the matter to the attention of that State Party. Within
three months after the receipt of the communication
the receiving State shall afford the State which sent
the communication an explanation or any other statement in writing clarifying the matter, which should
include, to the extent possible and pertinent, reference to domestic procedures and remedies taken,
pending or available in the matter;
(b) If the matter is not adjusted to the satisfaction of
both States Parties concerned within six months after
the receipt by the receiving State of the initial communication, either State shall have the right to refer
the matter to the Committee, by notice given to the
Committee and to the other State;
(c) The Committee shall deal with a matter referred
to it under this article only after it has ascertained
that all domestic remedies have been invoked and
exhausted in the matter, in conformity with the
generally recognized principles of international law.
This shall not be the rule where the application of the
remedies is unreasonably prolonged or is unlikely to
bring effective relief to the person who is the victim
of the violation of this Convention;
(d) The Committee shall hold closed meetings when
examining communications under this article;
(e) Subject to the provisions of subparagraph (e), the
Committee shall make available its good offices to
the States Parties concerned with a view to a friendly
solution of the matter on the basis of respect for the
obligations provided for in this Convention. For this
purpose, the Committee may, when appropriate, set
up an ad hoc conciliation commission;
(f) In any matter referred to it under this article,
the Committee may call upon the States Parties
concerned, referred to in subparagraph (b), to supply
any relevant information;
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