such a request, the Committee or its working group may decide to consider the admissibility
and/or merits of the complaint on the basis of the information contained in the file. At its
thirtieth session, the Committee decided to include a standard paragraph to that effect in any note
verbale or letter of transmittal to the State party/complainant that sets a deadline for comments
on submissions of the other party. This paragraph replaces the former practice of sending out
reminders that resulted in delays in the examination of complaints in the past.
246. The Committee decides on a complaint in the light of all information made available to it
by the complainant and the State party. The findings of the Committee are communicated to the
parties (article 22, paragraph 7, of the Convention and rule 112 of the rules of procedure) and are
made available to the general public. The text of the Committee’s decisions declaring
complaints inadmissible under article 22 of the Convention is also made public without
disclosing the identity of the complainant, but identifying the State party concerned.
247. Pursuant to rule 115, paragraph 1, of its rules of procedure, the Committee may decide to
include in its annual report a summary of the communications examined. The Committee shall
also include in its annual report the text of its decisions under article 22, paragraph 7, of the
Convention.
B. Interim measures of protection
248. Complainants frequently request preventive protection, particularly in cases concerning
imminent expulsion or extradition, and invoke in this connection article 3 of the Convention.
Pursuant to rule 108, paragraph 1, of the rules of procedure, at any time after the receipt of a
complaint, the Committee, its working group, or the Rapporteur for new complaints and interim
measures may transmit to the State party concerned a request that it take such interim measures
as the Committee considers necessary to avoid irreparable damage to the victim or victims of the
alleged violations. The State party shall be informed that such a request does not imply a
determination of the admissibility or the merits of the complaint. The Rapporteur for new
complaints and interim measures regularly monitors compliance with the Committee’s requests
for interim measures. The State party may inform the Committee that the reasons for the interim
measures have lapsed or present arguments why the interim measures should be lifted. The
Rapporteur, the Committee or its working group may withdraw the request for interim measures.
249. The Rapporteur for new complaints and interim measures has developed the working
methods regarding the withdrawal of requests for interim measures. Where the circumstances
suggest that a request for interim measures may be reviewed before the consideration of the
merits, a standard sentence should be added to such a request, stating that the request is made on
the basis of the information contained in the complainant’s submission and may be reviewed, at
the initiative of the State party, in the light of information and comments received from the State
party and any further comments, if any, from the complainant.
250. Conversely, in a case registered during the reporting period, interim measures were
initially denied to the complainants, in the absence of sufficient information which would have
justified a request under rule 108, paragraph 1, of the rules of procedure. Subsequently,
however, the Rapporteur for new complaints and interim measures requested the State party not
to return the complainants to their country of origin, in the light of additional information
provided by them.
92
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents