The procedure

Based on the above mentioned requirements, the Committee will decide whether the case should be registered, that is to say formally listed as a case for consideration by the relevant Committee. You will receive advice on registration.

At that point, the case is normally transmitted to the State party concerned to give it an opportunity to comment. The State is requested to submit its observations within a set time frame.

The two major stages in any case are known as the “admissibility” stage and the “merits” stage.

The “admissibility” of a case refers to the formal requirements that a complaint must satisfy before the relevant Committee can consider its substance.

The “merits” of the case are the substance, on the basis of which the Committee decides whether or not the alleged victim’s rights under a treaty have been violated.

As a general rule, the Committees consider the admissibility jointly with the merits. These stages are described in greater detail below.

Once the State replies to the complaint, the complainant is offered an opportunity to comment.

For most Committees, the State party is requested to provide observations within six months, as of the date when the complaint was communicated to that State. If the State party challenges the admissibility of the complaint it can do so by providing arguments within the first two months of that period.

The complainant is always given the opportunity of commenting on the State party’s observations, within a set time frame.

When comments are received from both parties the case is ready for a decision by the relevant Committee. If the State party fails to respond to the complaint, even after receiving several reminders from the secretariat, the Committee will take a decision on the case based on the information submitted by the complainant.

Special circumstances of urgency or sensitivity

Some Committees may, at any stage before the case is considered, issue a request to the State party for “interim measures” in order to prevent any irreparable harm to the author or alleged victim in the particular case. Typically, such requests are issued to prevent actions that cannot later be undone, for example the execution of a death sentence or the deportation of an individual facing a risk of torture.