Madafferi v. Australia

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.

Substantive issues:

• arbitrary detention - arrest
• children rights
• cruel, inhuman or degrading treatment or punishment
• discrimination on other grounds
• effective remedy
• family rights
• freedom of movement
• freedom of movement - own country
• human dignity
• liberty of person
• privacy

Substantive articles:

• 5 (1)
• 7
• 9 (1)
• 10 (1)
• 12 (4)
• 17 (1)
• 23 (1)
• 24 (1)
• 26

Procedural issues:

• exhaustion of domestic remedies
• ratione materiae

Procedural articles:

• 2
• 3
• 5 (2) (b)