Baban v. Australia

Comment:

Under rule 86 of its Rules of Procedure the Committee requested the State party not to expel the author and his son to Iraq, should the High Court reject the author's application scheduled for hearing on 12 October 2001, and whilst the case was before the Committee. Two individual opinions have been submitted, one by Sir Nigel Rodley (partly dissenting), one by Ms Ruth Wedgwood (dissenting)

Substantive issues:

• arbitrary detention - arrest
• children rights
• cruel, inhuman or degrading treatment or punishment
• fair trial
• freedom of opinion and expression
• human dignity
• liberty of person
• limitations of rights
• restrictions of rights

Substantive articles:

• 7
• 9 (1)
• 9 (4)
• 10 (1)
• 19 (2)
• 19 (3)
• 24 (1)

Procedural issues:

• exhaustion of domestic remedies
• victim status

Procedural articles:

• 1
• 2
• 5 (2) (b)