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Optional Protocol to the International Covenant on Civil and Political Rights
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PREAMBLE
[
go to this PREAMBLE
]
... Considering that in
order
further to
achieve
the
purposes
of the
International Covenant on Civil and Political Rights
(hereinafter referred to as the
Covenant
) and the implemenation of its
provisions
it would be appropriate to enable the
Human Rights Committee
set up in part IV of the
Covenant
(hereinafter referred to as the
Committee
) to
receive
and consider, as provided in the present
Protocol
, communications from
individuals
claiming to be
victims
of violations of any of the
rights
set forth in the
Covenant
. ...
ARTICLE-I
[
go to this ARTICLE
]
... A
State Party
to the
Covenant
that becomes a
Party
to the present
Protocol
recognizes the
competence
of the
Committee
to
receive
and consider communications from
individuals
subject
to its
jurisdiction
who
claim
to be
victims
of a
violation
by that
State Party
of any of the
rights
set forth in the
Covenant
. No
communication
shall be
received
by the
Committee
if it
concerns
a
State Party
to the
Covenant
which is not a
Party
to the present
Protocol
. ...
ARTICLE-2
[
go to this ARTICLE
]
...
Subject
to the
provisions
of
article
1
,
individuals
who
claim
that any of their
rights
enumerated in the
Covenant
have been
violated
and who have
exhausted
all available
domestic
remedies
may submit a
written
communication
to the
Committee
for
consideration
. ...
ARTICLE-5
[
go to this ARTICLE
]
... 1. The
Committee
shall consider communications
received
under the present
Protocol
in the
light
of all
written
information
made available to it by the
individual
and by the
State Party
concerned
. ...
... 2. The
Committee
shall not consider any
communication
from an
individual
unless it has ascertained that: ...
... (b) The
individual
has
exhausted
all available
domestic
remedies
. This shall not be the
rule
where the
application
of the
remedies
is unreasonably prolonged. ...
... 4. The
Committee
shall forward its
views
to the
State Party
concerned
and to the
individual
. ...
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