Revised Guidelines for the Consideration of Communications
(ii) If the Committee is not in session at the time that the request for Provisional
Measures is received, the Chairperson, in consultation with the Bureau of the Committee
shall take the decision and shall so inform the members of the Committee.
(iii)
The decision on Provisional Measures shall clearly state the particulars of
the potential beneficiary or beneficiaries of the Measures, the reasons warranting
Provisional Measures and the particular nature of Measures sought to be adopted
by the State Party concerned.
(iv) The Committee shall make its decision on Provisional Measures in shortest
possible time which shall not exceed a maximum of 21 days from the time the matter
was brought to its attention.
(v) The request for Provisional Measures by the Committee and their adoption
thereof by a State Party shall be without prejudice to the any determination on the
merits of the Communication.
3) Verification of information
(i) Prior to the adoption of provisional measures, the Committee may, where it
deems appropriate, request relevant information from the State party concerned or
conduct on-site investigation in order to verify the pertinent facts.
(ii) Such verification shall be resorted to in as speedy as possible unless the urgency
of the situation warrants the immediate granting of the measures.
4) Monitoring and follow up of provisional measures
(i) The Committee shall request the state party concerned to report back on the
implementation of the Provisional Measures adopted. Such information shall be
submitted within 15 days of the receipt of the request from the Committee.
(ii) The Committee may also invite the Complainant and any other relevant party to
provide it with information on any issue relating to implementation of the Provisional
Measures adopted.
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