2- Quasi-Judicial Mechanism:
A- States' Communications: Many human rights treaties allow ratifying
countries to adopt an optional mechanism that enables them to notify the
treaty bodies about violations by another country or other countries regarding
human rights or failure to implement treaty provisions.The committee sends its views on the case to both the state and the
individual complainant.The Human Rights Committee, established under this protocol, plays a
key role in examining complaints submitted by individuals claiming their rights
under the covenant have been violated by a state party that has ratified the
protocol.This mechanism enables individuals to submit
written communications to the specialized committee, alleging that their rights
have been violated by a state party to the convention.Procedures for Examining Individual Complaints:
The First Optional Protocol annexed to the International Covenant on Civil and
Political Rights outlines a set of procedures for examining individual
complaints, which include:
?Some treaties have empowered the International Court of Justice to receive
these notifications, review them, and adjudicate disputes related to the
application or interpretation of treaty provisions.Article 42 of the International Covenant on Civil and Political Rights stipulates
that if an amicable resolution is not reached under Article 41, and both parties
consent, the committee may refer the matter to an ad hoc conciliation
commission.The mentioned mechanism was organized under the First Optional Protocol
annexed to the International Covenant on Civil and Political Rights concerning
individual complaints, which was adopted in 1966 and entered into force in
1976.Either of the two concerned countries may refer the matter to the committee if
no amicable resolution is reached within six months from the date the receiving
state was notified of the first communication.The committee referred to in Article 41 of the International Covenant on Civil
and Political Rights will only consider the notification if the state that received
the complaint has acknowledged it, and the state that submitted the complaint
has accepted the committee's jurisdiction in this matter.The committee submits an annual report summarizing its activities, which
includes a list of states that have complied or failed to comply with theThe committee then offers its good offices to both parties with the aim of
achieving an amicable resolution.It may require both concerned states to
provide any relevant information and may invite their representatives to submit
oral or written statements during its sessions.Organizing the Mechanism for Individual Complaints:
Some human rights conventions have established this mechanism.For complaints to be admissible, the complainants must not remain
anonymous, and all available domestic remedies in the concerned state must
be exhausted unless such remedies exceed reasonable time limits.The committee forwards any complaint it receives to the state alleged to
have violated the complainant's rights.The state concerned submits written explanations and necessary
clarifications to the committee, indicating any measures taken to address
the grievance.The committee expects the
state to act upon these proposals and recommendations before issuing final
decisions or scientific opinions on the matter.Regarding the International Covenant on Civil and Political Rights, Article 41
stipulates that if a party to the Covenant considers that another party is not
fulfilling its obligations, it may bring the matter to the attention of that state in
writing.Among them
are the International Convention on the Elimination of All Forms of Racial
Discrimination (1965), as specified in Article 14, and the Convention Against
Torture (1984), as specified in Article 22.If a violation of any right stipulated in the
covenant is established, the committee can recommend appropriate
remedies.The International Convention on the Elimination of All Forms of Racial
Discrimination (1965).The commission's role is to facilitate a resolution based on respect
for the provisions of the Covenant.B- Individual Complaints:
Individual complaints are among the mechanisms that allow for international
protection of individuals' rights.The
committee also requires that the matter is not under review or resolved by
another international investigative or settlement body.The committee reviews the complaints in closed meetings, considering
the written information provided by both the individual and the
concerned state.Proposals and Recommendations:
The committee sends its suggestions and recommendations to the concerned
state along with its opinion regarding the complaint.The Convention on the Suppression and Punishment of the Crime of
Apartheid (1973).If the issue remains unresolved, the notifying state may refer the
matter to the Human Rights Committee.The state receiving the notification has three months to provide an explanation
or clarification regarding the matter.The committee must submit a
report within 12 months of receiving the notification.If no resolution is reached, the report will
include summaries of the facts and the parties' positions and will be sent to the
concerned states.Examples of these treaties
include:
?This response should detail the measures
taken or intended to resolve the issue.This procedure is
particularly useful in the field of human rights supervision and monitoring.This must be done within six months from the date of
receiving the complaint from the committee.The report will include
the facts and proposed solutions.?????