Bakhtiyari v. Australia

Comment:

Committee member Sir Nigel Rodley submitted an individual opinion (dissenting in part) Under rule 85 of the Committee's rules of procedure, Mr. Ivan Shearer did not participate in the examination of the case. Under rule 86 of the Committee's rules of procedure, the Committee requested the State party to inform the Committee of the measures it had taken on the basis of psychological reports

Substantive issues:

• arbitrary / unlawful interference
• arbitrary detention - arrest
• children rights
• cruel, inhuman or degrading treatment or punishment
• fair trial
• family rights
• liberty of person

Substantive articles:

• 7
• 9 (1)
• 9 (4)
• 17 (1)
• 23 (1)
• 24 (1)

Procedural issues:

• exhaustion of domestic remedies
• victim status

Procedural articles:

• 1
• 2
• 5 (2) (b)