C. v. Australia

Comment:

Under rule 85 of the Committee's rules of procedure, Mr. Ivan Shearer did not participate in the examination of the case. Pursuant to Rule 86 of the Committee's Rules of Procedure, the State party was requested to stay the author's deportation whilst his case was before the Committee Three individual opinions were submitted: one signed by Committee member Nigel Rodley (partly dissenting), one signed by Committee member David Kretzmer (partly dissenting), and one signed by Committee members Nisuke Ando, Eckart Klein and Maxwell Yalden (partly dissenting)

Substantive issues:

• arbitrary detention - arrest
• cruel, inhuman or degrading treatment or punishment
• effective remedy
• fair trial
• liberty of person
• refugee status

Substantive articles:

• 7
• 9 (1)
• 9 (4)

Procedural issues:

• exhaustion of domestic remedies

Procedural articles:

• 5 (2) (b)