CAT/C/3/Rev.6
9.
If the State party concerned disputes the contention of the complainant that all
available domestic remedies have been exhausted, the State party is required to give details
of the effective remedies available to the alleged victim in the particular circumstances of
the case and in accordance with the provisions of article 22, paragraph 5 (b), of the
Convention.
10.
Within such time limit as indicated by the Committee or the Working Group or
Rapporteur(s) designated under rule 112, paragraph 3, the State party or the complainant
may be afforded an opportunity to comment on any submission received from the other
party pursuant to a request made under the present rule. Non-receipt of such comments
within the established time limit should not generally delay the consideration of the
admissibility of the complaint.
Rule 116
Inadmissible complaints
1.
Where the Committee or the Working Group decides that a complaint is
inadmissible under article 22 of the Convention, or its consideration is suspended or
discontinued, the Committee shall as soon as possible transmit its decision, through the
Secretary-General, to the complainant and to the State party concerned.
2.
If the Committee or the Working Group has declared a complaint inadmissible under
article 22, paragraph 5, of the Convention, this decision may be reviewed at a later date by
the Committee upon a request from a member of the Committee or a written request by or
on behalf of the individual concerned. Such written request shall contain evidence to the
effect that the reasons for inadmissibility referred to in article 22, paragraph 5, of the
Convention no longer apply.
C.
Consideration of the merits
Rule 117
Method of dealing with admissible complaints; oral hearings
1.
When the Committee or the Working Group has decided that a complaint is
admissible under article 22 of the Convention, before receiving the State party’s reply on
the merits, the Committee shall transmit to the State party, through the Secretary-General,
the text of its decision together with any submission received from the author of the
communication not already transmitted to the State party under rule 115, paragraph 1. The
Committee shall also inform the complainant, through the Secretary-General, of its
decision.
2.
Within the period established by the Committee, the State party concerned shall
submit to the Committee written explanations or statements clarifying the case under
consideration and the measures, if any, that may have been taken by it. The Committee may
indicate, if it deems it necessary, the type of information it wishes to receive from the State
party concerned.
3.
Any explanations or statements submitted by a State party pursuant to this rule shall
be transmitted, through the Secretary-General, to the complainant who may submit any
additional written information or observations within such time limit as the Committee
shall decide.
4.
The Committee may invite the complainant or his/her representative and
representatives of the State party concerned to be present at specified closed meetings of
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