JURISPRUDENCE
OHCHR.org

Committee
CCPR
Communication number(s)
1011/2001,
Author
Francesco Madafferi and Anna Maria Immacolata Madafferi
Display name
Madafferi
Victim
Francesco Madafferi and Anna Maria Immacolata Madafferi and their four children, Giovanni Madafferi, Julia Madafferi, Giuseppina Madafferi and Antonio Madafferi
Countries
  • Australia
  • Date of admissibility
    26 Jul 2004
    Submission date
    16 Jul 2001
    Date of adoption of the Views
    26 Jul 2004
    Session No
    81
    Type of decision
    Adoption of views
    Comment
    Two Committee members submitted an individual opinion: Committee member Mr. Nisuke Ando; and Committee member, Mrs. Ruth Wedgwood An interim measures request to prevent the deportation of Mr. Madafferi was at first denied by the Committee's Special Rapporteur on New Communications. In light of the psychological report provided, the Special Rapporteur decided to include the following phrase in the note transmitting the communication to the State party with the request for information on admissibility and merits, "The Committee wishes to draw the attention of the State party to the psychological impact of detention upon [Mr. Madafferi], and the possibility that a deportation, if implemented while the communication is before the Committee, may violate the State party's obligations under the Covenant". On 18 September 2003, the Special Rapporteur requested the State party not to deport Mr. Madafferi until the conclusion of this session. He also requested the State party to provide at its earliest convenience information on transferral to home detention or other measures taken to alleviate the risk of serious injury, including serious self-harm, that had been identified to exist, including by the State party's authorities, in the event of Mr. Madafferi's continued immigration detention. On 7 November 2003, the Special Rapporteur, acting under Rule 86 of the Committee's Rules of Procedure, extended the rule 86 request to the State party until the 80th session.
    Issues
  • admissibility - exhaustion of domestic remedies
  • admissibility - ratione materiae
  • arbitrary arrest - detention
  • children rights
  • cruel, inhuman or degrading treatment or punishment
  • discrimination
  • effective remedy
  • family rights
  • freedom of movement
  • freedom of movement - own country
  • human dignity
  • individual communications procedure
  • liberty of person
  • privacy
  • Articles
  • CCPR-10-1
  • CCPR-12-4
  • CCPR-17-1
  • CCPR-23-1
  • CCPR-24-1
  • CCPR-26
  • CCPR-5-1
  • CCPR-7
  • CCPR-9-1
  • CCPR-OP-2
  • CCPR-OP-3
  • CCPR-OP-5-2-b


  • CCPR/C/81/D/1011/2001


    Language   Doc   Docx   Pdf   html  
    English .doc .docx .pdf .html
    Français .doc .docx .pdf .html
    Español .doc .docx .pdf .html

    *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.