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Вопрос юристу онлайн Юридическая компания ЛЕГАС Вконтакте

Special circumstances related to the urgent or sensitive nature of the case before the UN Committee.

Обновлено 04.05.2024 12:20

 

The original article: https://espchhelp.ru/koon/stati/4433-special-circumstances-related-to-the-urgent-or-sensitive-nature-of-the-case-before-the-un-committee .

 

At any stage of the procedure, the Committee may request the State party to take measures to prevent irreparable harm to the complainant or the alleged victim in connection with the allegations in the case. These measures are called temporary measures. As a rule, such requests are made to prevent actions that cannot be canceled later, such as the execution of a death sentence or deportation to a country where the applicant is at risk of torture. They do not imply any decision on the admissibility or merits of the case, however, in order for the committee to consider that irreparable harm may be inflicted on the alleged victim, there must be a reasonable probability in respect of the relevant case that it will be found admissible on the merits. If the applicant wishes the committee to request interim measures, he/she should clearly state this and explain in detail the reasons why such measures are necessary.

The committee's consideration of the request for interim measures takes place within a few working days. Consequently, any such requests should be sent to the secretariat as early as possible before the action that the applicant seeks to prevent can be committed.

The Committee may terminate consideration of a request for interim measures on the basis of information received from the parties to the complaint indicating that such measures are no longer required.

 

The original article: https://espchhelp.ru/koon/stati/4433-special-circumstances-related-to-the-urgent-or-sensitive-nature-of-the-case-before-the-un-committee .