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International Covenant on Civil and Political Rights
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concerne
[
Global Index
]
ARTICLE-14
[
go to this ARTICLE
]
... 1. All
persons
shall be
equal
before the
courts
and
tribunals
. In the
determination
of any
criminal charge
against him, or of his
rights
and
obligations
in a
suit
at
law
,
everyone
shall be entitled to a
fair
and
public hearing
by a
competent
,
independent
and
impartial
tribunal
established
by
law
. The
press
and the
public
may be excluded from all or part of a
trial
for
reasons
of
morals
,
public order
(
ordre public
) or
national security
in a
democratic society
, or when the
interest
of the
private
lives of the
parties
so requires, or to the
extent
strictly necessary in the
opinion
of the
court
in
special circumstances
where publicity would
prejudice
the
interests
of
justice
; but any
judgement
rendered in a
criminal
case
or in a
suit
at
law
shall be made
public
except where the
interest
of
juvenile
persons
otherwise requires or the
proceedings
concern
matrimonial
disputes
or the
guardianship
of
children
. ...
ARTICLE-22
[
go to this ARTICLE
]
... 3. Nothing in this
article
shall
authorize
States Parties
to the
International Labour Organisation Convention
of 1948
concerning
Freedom of Association
and
Protection
of the
Right to Organize
to take
legislative measures
which would
prejudice
, or to apply the
law
in such a
manner
as to
prejudice
, the
guarantees
provided for in that
Convention
. ...
ARTICLE-40
[
go to this ARTICLE
]
... (a) Within one
year
of the
entry into force
of the present
Covenant
for the
States Parties
concerned
; ...
... 3. The
Secretary-General of the United Nations
may, after
consultation
with the
Committee
, transmit to the specialized
agencies
concerned
copies
of such parts of the
reports
as may fall within their
field
of
competence
. ...
ARTICLE-41
[
go to this ARTICLE
]
... 1. A
State Party
to the present
Covenant
may at any
time
declare
under this
article
that it recognizes the
competence
of the
Committee
to
receive
and consider communications to the
effect
that a
State Party
claims
that another
State Party
is not fulfilling its
obligations
under the present
Covenant
. Communications under this
article
may be
received
and considered only if submitted by a
State Party
which has made a
declaration
recognizing in
regard
to itself the
competence
of the
Committee
. No
communication
shall be
received
by the
Committee
if it
concerns
a
State Party
which has not made such a
declaration
. Communications
received
under this
article
shall be dealt with in
accordance
with the following
procedure
: ...
... (b) If the matter is not adjusted to the satisfaction of both
States Parties
concerned
within six
months
after the
receipt
by the
receiving State
of the
initial
communication
, either
State
shall have the
right
to refer the matter to the
Committee
, by
notice
given to the
Committee
and to the other
State
; ...
... (e)
Subject
to the
provisions
of subparagraph (c), the
Committee
shall make available its good
offices
to the
States Parties
concerned
with a
view
to a
friendly
solution
of the matter on the basis of
respect
for
human rights
and
fundamental freedoms
as recognized in the present
Covenant
; ...
... (f) In any matter referred to it, the
Committee
may call upon the
States Parties
concerned
, referred to in subparagraph (b), to
supply
any
relevant
information
; ...
... (g) The
States Parties
concerned
, referred to in subparagraph (b), shall have the
right
to be represented when the matter is being considered in the
Committee
and to make submissions
orally
and/or in
writing
; ...
... (ii) If a
solution
within the
terms
of subparagraph (e) is not reached, the
Committee
shall confine its
report
to a brief
statement
of the
facts
; the
written
submissions and
record
of the
oral
submissions made by the
States Parties
concerned
shall be attached to the
report
. In every matter, the
report
shall be
communicated
to the
States Parties
concerned
. ...
... (ii) If a
solution
within the
terms
of subparagraph (e) is not reached, the
Committee
shall confine its
report
to a brief
statement
of the
facts
; the
written
submissions and
record
of the
oral
submissions made by the
States Parties
concerned
shall be attached to the
report
. In every matter, the
report
shall be
communicated
to the
States Parties
concerned
. ...
... 2. The
provisions
of this
article
shall come into
force
when ten
States Parties
to the present
Covenant
have made
declarations
under paragraph I of this
article
. Such
declarations
shall be
deposited
by the
States Parties
with the
Secretary-General of the United Nations
, who shall transmit
copies
thereof to the other
States Parties
. A
declaration
may be withdrawn at any
time
by
notification
to the
Secretary-General
. Such a
withdrawal
shall not
prejudice
the
consideration
of any matter which is the
subject
of a
communication
already transmitted under this
article
; no further
communication
by any
State Party
shall be
received
after the
notification
of
withdrawal
of the
declaration
has been
received
by the
Secretary-General
, unless the
State Party
concerned
has made a new
declaration
. ...
ARTICLE-42
[
go to this ARTICLE
]
... 1. (a) If a matter referred to the
Committee
in
accordance
with
article
41
is not resolved to the satisfaction of the
States Parties
concerned
, the
Committee
may, with the
prior
consent
of the
States Parties
concerned
, appoint an
ad hoc
Conciliation Commission
(hereinafter referred to as the
Commission
). The good
offices
of the
Commission
shall be made available to the
States Parties
concerned
with a
view
to an
amicable solution
of the matter on the basis of
respect
for the present
Covenant
; ...
... 1. (a) If a matter referred to the
Committee
in
accordance
with
article
41
is not resolved to the satisfaction of the
States Parties
concerned
, the
Committee
may, with the
prior
consent
of the
States Parties
concerned
, appoint an
ad hoc
Conciliation Commission
(hereinafter referred to as the
Commission
). The good
offices
of the
Commission
shall be made available to the
States Parties
concerned
with a
view
to an
amicable solution
of the matter on the basis of
respect
for the present
Covenant
; ...
... 1. (a) If a matter referred to the
Committee
in
accordance
with
article
41
is not resolved to the satisfaction of the
States Parties
concerned
, the
Committee
may, with the
prior
consent
of the
States Parties
concerned
, appoint an
ad hoc
Conciliation Commission
(hereinafter referred to as the
Commission
). The good
offices
of the
Commission
shall be made available to the
States Parties
concerned
with a
view
to an
amicable solution
of the matter on the basis of
respect
for the present
Covenant
; ...
... (b) The
Commission
shall consist of five
persons
acceptable to the
States Parties
concerned
. If the
States Parties
concerned
fail to reach
agreement
within three
months
on all or part of the composition of the
Commission
, the
members
of the
Commission
concerning
whom no
agreement
has been reached shall be
elected
by
secret ballot
by a two-thirds
majority vote
of the
Committee
from among its
members
. ...
... (b) The
Commission
shall consist of five
persons
acceptable to the
States Parties
concerned
. If the
States Parties
concerned
fail to reach
agreement
within three
months
on all or part of the composition of the
Commission
, the
members
of the
Commission
concerning
whom no
agreement
has been reached shall be
elected
by
secret ballot
by a two-thirds
majority vote
of the
Committee
from among its
members
. ...
... (b) The
Commission
shall consist of five
persons
acceptable to the
States Parties
concerned
. If the
States Parties
concerned
fail to reach
agreement
within three
months
on all or part of the composition of the
Commission
, the
members
of the
Commission
concerning
whom no
agreement
has been reached shall be
elected
by
secret ballot
by a two-thirds
majority vote
of the
Committee
from among its
members
. ...
... 2. The
members
of the
Commission
shall serve in their
personal
capacity
. They shall not be
nationals
of the
States Parties
concerned
, or of a
State
not
Party
to the present
Covenant
, or of a
State Party
which has not made a
declaration
under
article
41
. ...
... 4. The
meetings
of the
Commission
shall normally be held at the
Headquarters of the United Nations
or at the
United Nations Office
at
Geneva
. However, they may be held at such other convenient
places
as the
Commission
may determine in
consultation
with the
Secretary-General of the United Nations
and the
States Parties
concerned
. ...
... 6. The
information
received
and collated by the
Committee
shall be made available to the
Commission
and the
Commission
may call upon the
States Parties
concerned
to
supply
any other
relevant
information
. ...
... 7. When the
Commission
has
fully
considered the matter, but in any
event
not later than twelve
months
after having been seized of the matter, it shall submit to the
Chairman
of the
Committee
a
report
for
communication
to the
States Parties
concerned
: ...
... (c) If a
solution
within the
terms
of subparagraph (b) is not reached, the
Commission
's
report
shall embody its findings on all
questions
of
fact
relevant
to the issues between the
States Parties
concerned
, and its
views
on the possibilities of an
amicable solution
of the matter. This
report
shall also contain the
written
submissions and a
record
of the
oral
submissions made by the
States Parties
concerned
; ...
... (c) If a
solution
within the
terms
of subparagraph (b) is not reached, the
Commission
's
report
shall embody its findings on all
questions
of
fact
relevant
to the issues between the
States Parties
concerned
, and its
views
on the possibilities of an
amicable solution
of the matter. This
report
shall also contain the
written
submissions and a
record
of the
oral
submissions made by the
States Parties
concerned
; ...
... (d) If the
Commission
's
report
is submitted under subparagraph (c), the
States Parties
concerned
shall, within three
months
of the
receipt
of the
report
, notify the
Chairman
of the
Committee
whether or not they
accept
the contents of the
report
of the
Commission
. ...
... 9. The
States Parties
concerned
shall
share
equally
all the
expenses
of the
members
of the
Commission
in
accordance
with
estimates
to be provided by the
Secretary-General of the United Nations
. ...
... 10. The
Secretary-General of the United Nations
shall be empowered to
pay
the
expenses
of the
members
of the
Commission
, if necessary, before
reimbursement
by the
States Parties
concerned
, in
accordance
with paragraph 9 of this
article
. ...
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