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Part II Admissibility Under the ICCPR, 5 Consideration Under Another International Procedure

From: The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary (3rd Edition)

Sarah Joseph, Melissa Castan

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 October 2020

Subject(s):
Treaties, reservations and declarations — International courts and tribunals, procedure
The Committee shall not consider any communication from an individual unless it has ascertained that: (a) the same matter is not being examined under another procedure of international investigation or settlement. [5.01] Article 5(2)(a) precludes the admissibility only of complaints under the First Optional Protocol (OP) that are being concurrently considered by an international body that is comparable to the Human Rights Committee (HRC). For example, in LESK v The Netherlands (381/89), the same matter had previously been considered by the European Commission on...
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