Three individual opinions have been submitted: one signed by Mr. Nisuke Ando, one signed by Ms. Christine Chanet and one combined dissenting opinion signed by Sir Nigel Rodley, Mr. Ivan Shearer and Mr. Roman Wieruszewski are appended to the present document.
Under rule 85 of the Committee's rules of procedure, Mr. Maxwell Yalden did not participate in the examination of the case.
On 11 January 2002, the Committee, acting through its Special Rapporteur for New Communications, pursuant to Rule 86 of the Committee's Rules of Procedure, requested the State party, in the event that the Supreme Court's decision expected the same day would permit the author's deportation, "to refrain from deportation until the Committee has had an opportunity to consider the allegations, in particular those that relate to torture, other inhuman treatment or even death as a consequence of the deportation". By Note of 17 May 2002, the Committee, having been informed by counsel of a real risk that the State party would not comply with the Committee's request for interim measures of protection, reiterated its request. On 10 June 2002, the State party deported the author to Iran.
Issues
aliens rights - expulsion
arbitrary arrest - detention
fair trial
individual communications procedure, violation of procedure
interim measures
national security
refugee status
right to life
torture
undue delay
Articles
CCPR-13
CCPR-14-1
CCPR-6-1
CCPR-7
CCPR-9-1
CCPR-9-4
CCPR-OP
CCPR/C/80/D/1051/2002
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*This database is based on a database designed and developed by the Netherlands Institute of Human Rights (SIM) of Utrecht University which has agreed to make its database available to the Office of the United Nations High Commissioner for Human Rights.