Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2012
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 co-operation 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 I to 4 of
th is article s hall be con fidential , 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 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 ofthis Convention, it may, by written communication, bring the
matter to the attention of that State Party. Within three months afler 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
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