Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2012
of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the SecretaryGeneral. Such a withdrawal shall not prejudice the consideration of any matter
which is the subject of a communication already transmitted under this article;
no further communication by any State Party shall be received under this article
after the notification of withdrawal of the declaration has been received by the
Secretary-General, unless the State Party concerned has made a new declaration.
Article 22
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 from or on behalf of individuals subject to its jurisdiction who claim
to be victims of a violation by a State Party of the provisions of the Convention.
No communication shall be received by the Committee if it concerns a State Party
which has not made such a declaration.
2. The Committee shall consider inadmissible any communication under this
article which is anonymous or which it considers to be an abuse of the right of
submission of such communications or to be incompatible with the provisions of
this Convention.
3. Subject to the provisions of paragraph 2, the Committee shall bring any
communications submitted to it under this article to the attention of the State
Party to this Convention which has made a declaration under paragraph I and is
alleged to be violating any provisions of the Convention. Within six months, the
receiving State shall submit to the Committee written explanations or statements
clarifying the matter and the remedy, if any, that may have been taken by that State.
4. The Committee shall consider communications received under this article
in the light of all information made available to it by or on behalf of the individual
and by the State Party concerned.
5. The Committee shall not consider any communications from an individual
under this article unless it has ascertained that:
(a) The same matter has not been, and is not being, examined under another procedure of international investigation or settlement;
(b) The individual has exhausted all available domestic remedies; this shall
not be the rule where the application of the remedies is unreasonably prolonged or
is unlikely to bring effective reliefto the person who is the victim of the violation of
this Convention.
6. The Committee shall hold closed meetings when examining communications under this article.
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