The Conditions to deal with the matter by the Human Rights Committee

 

The Conditions to deal with the matter by the Human Rights Committee: - In this regard, as above said the referred matter shall be entertained by the committee on the ascertainment of the facts as- the entire available domestic must be invoked & exhausted in the matter in accordance with the general recognized principles of the International Law. This rule shall not be applicable where the enforcement of the remedy (ies) is unreasonable with prolong.[1] The closed meetings shall be held by the committee, during the examination of the communication (s) under this article.[2]

The Friendly solution of matter:- The committee shall cause its good officials to avail to the states members respective in the view of the friendly solution on the ground of respect of human rights & fundamental freedoms as contained in the covenant.[3]

Call upon by the Committee:- if the adjustment of the referred matter is not done satisfactory by the states members respective as mentioned in the sub clause (b) for furnishing the information relevant.[4]

The Right of representation of states members respective before the Committee:- The Right of representation is available to the state members respective before the human rights committee in the procedure of the consideration (s) of the matter and also the rights regarding written and/or oral submission (s).[5]

Submission of Report (s) by the Human Rights Committee:- The report (s) shall be submitted by the committee within twelve months after on the receipt of the notice as above mentioned namely sub clause (b) of clause (1) of article 41.[6] If the friendly solution is made by the state parities concerned the committee shall do the confinement its report to a concise statement of the facts & of the reached solution.[7] If the resolution or solution amicably or friendly as placed hereinbefore is not done by the States members as a result the committee shall conduct its report with a brief statement of the facts, written submission & oral submission (s) record of the State members respective. All the same shall be accompanied by the report. Above said all the matter & the report shall be communicated to the State members respective.[8]

Regarding Declaration of the State Members to the Covenant under article 41(1)[9]:- In this connection, to enforce this article, minimum ten states member to the covenant are required for making declaration (s) under the Article 41(1) the aforesaid declaration (s) in respect of the recognizance & competence of the human rights committee by the state (s) member shall be deposited to the U.N. Secretary-General. The copy (ies) of such declaration (s) shall be furnished to the state (s) member to the Covenant. The aforesaid made declaration (s) may be withdrawn at any time, notifying to the U.N. Secretary-General. Such withdrawal of the declaration (s) shall not give the effect prejudicially to the matter (s) which are pending for consideration (s) which already have been submitted to the committee. In this regard further after such withdrawal no communication (s) shall be received by the committee by any of state (s) which has been received by the U.N. Secretary-General but after the withdrawal, the State (s) member respective may make the new declaration further with regard to the heretofore mentioned.[10]

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[1]Article 41(1)(c) of Ibid

[2]Article 41(1)(d) of Ibid

[3]Article 41(1)(e) of Ibid

[4]Article 41(1)(f) of Ibid

[5]Article 41(1)(g) of Ibid

[6]Article 41(1)(h) of Ibid

[7]Article 41(1)(h)(i) of Ibid

[8]Article 41(1)(h)(ii) of Ibid

[9]The International Covenant on Civil & Political Rights 1966.

[10]Article 41(2) of the International Covenant on Civil & Political Rights 1966.