ABSTRACT

The Committee ascertained that the discrepancy stemmed from an editorial oversight in the preparation of the final version of the Spanish text of the Optional Protocol. Article 5(2) states: the Committee shall not consider any communication from an individual unless it has ascertained that: the same matter is not being examined under another procedure of international investigation or settlement. Article 5(2)(a) encapsulates the principle that proceedings at the Committee must be stayed pendente lite rather than the principle of una via electa. Many difficult issues of interpretation in the terminology of article 5(2)(a) have had to be resolved by the Committee. Procedures established by nongovernmental organisations, as for example the procedure of the Inter-Parliamentary Council of the Inter-Parliamentary Union, cannot, therefore, bar the Committee from considering communications submitted to it under the Optional Protocol. The Committee has determined that article 5(2)(a) of the O.P. can only relate to procedures implemented by inter-State or intergovernmental agreements or arrangements.