Section III - Procedures to Determine
Admissibility Rule 113 - Time Limits for Consideration of the Admissibility
The Commission shall decide, as early as possible and pursuant to the following
provisions, whether or not the communication shall be admissible under the Charter.
Rule 114 - Order of Consideration of the Communication
1. Unless otherwise decided, the Commission shall consider the communications in the
order they have been received by the Secretariat.
2. The Commission may decide, if it deems it good, to consider jointly two or more
communications.
Rule 115 - Working Groups
The Commission may set up one or more working groups; each composed of three of its
members at most, to submit recommendations on admissibility as stipulated in Article 56 of
the Charter.
Rule 116 - Admissibility of the Communications
The Commission shall determine questions of admissibility pursuant to Article 56 of the
Charter.
Rule 117 - Additional Information
1. The Commission or a working group set up under Rule 113, request the State party
concerned or the author of the communication to submit in writing additional information
or observations relating to the issue of admissibility of the communication. The
Commission or the working group shall fix a time limit for the submission of the
information or observations to avoid the issue dragging on too long.
2. A communication may be declared admissible if the State party concerned has been
given the opportunity to submit the information and observations pursuant to paragraph 1
of this Rule.
3. A request under paragraph 1 of this Rule should indicate clearly that the request
does not mean any decision whatsoever has been taken on the issue of admissibility.
4. However, the Commission shall decide in the issue of admissibility if the State
party fails to send a written response within three (3) months from the date of
notification of the text of the communication.
Rule 118 - Decision of the Commission on Admissibility
1. If the Commission decides that a communication is inadmissible under the Charter, it
shall make its decision known as early as possible, through the Secretary to the author of
the communication and, if the communication has been transmitted to a State party
concerned, to that State.
2. If the Commission has declared a communication inadmissible under the Charter, it
may reconsider this decision at a later date if it receives a request for reconsideration.
SECTION IV - Procedures for the Consideration of Communications
Rule 119 - Proceedings
1. If the Commission decides that a communication is admissible under the Charter, its
decision and text of the relevant documents shall as soon as possible, be submitted to the
State party concerned, through the Secretary. The author of the communication shall also
be informed of the Commission's decision through the Secretary.
2. The State party to the Charter concerned shall, within the 3 ensuing months, submit
in writing to the Commission, explanations or statements elucidating the issue under
consideration and indicating, if possible, measures it was able to take to remedy the
situation.
3. All explanations or statements submitted by a State party pursuant to the present
Rule shall be communicated, through the Secretary, to the author of the communication who
may submit in writing additional information and observations within a time limit fixed by
the Commission.
4. States parties from whom explanations or statements are sought within specified
times shall be informed that if they fail to comply within those times the Commission will
act on the evidence before it.
Rule 120 - Final Decision of the Communication
1. If the communication is admissible, the Commission shall consider it in the light of
all the information that the individual and the State party concerned has submitted in
writing; it shall make known its observations on this issue. To this end, the Commission
may refer the communication to a working group, composed of 3 of its members at most,
which shall submit recommendations to it.
2. The observations of the Commission shall be communicated to the Assembly through the
Secretary General and to the State party concerned.
3. The Assembly or its Chairman may request the Commission to conduct an in-depth study
on these cases and to submit a factual report accompanied by its findings and
recommendations, in accordance with the provisions of the Charter. The Commission may
entrust this function to a Special Rapporteur or a working group.