Ahani v. Canada


Communication number(s):



Mansour Ahani

Type of decision:

Decision on merits

Session No




Submission date

10 Jan 2002

Date of decision

29 Mar 2004


Three individual opinions have been submitted: one signed by Mr. Nisuke Ando, one signed by Ms. Christine Chanet and one combined dissenting opinion signed by Sir Nigel Rodley, Mr. Ivan Shearer and Mr. Roman Wieruszewski are appended to the present document. Under rule 85 of the Committee's rules of procedure, Mr. Maxwell Yalden did not participate in the examination of the case. On 11 January 2002, the Committee, acting through its Special Rapporteur for New Communications, pursuant to Rule 86 of the Committee's Rules of Procedure, requested the State party, in the event that the Supreme Court's decision expected the same day would permit the author's deportation, "to refrain from deportation until the Committee has had an opportunity to consider the allegations, in particular those that relate to torture, other inhuman treatment or even death as a consequence of the deportation". By Note of 17 May 2002, the Committee, having been informed by counsel of a real risk that the State party would not comply with the Committee's request for interim measures of protection, reiterated its request. On 10 June 2002, the State party deported the author to Iran.

Substantive issues:

  • arbitrary detention - arrest
  • fair trial
  • violation of procedure
  • national security
  • non-refoulement
  • refugee status
  • right to life
  • torture
  • undue delay

Substantive articles:

  • 6 (1)
  • 7
  • 9 (1)
  • 9 (4)
  • 13
  • 14 (1)

Procedural issues:

  • interim measures

Procedural articles:

  • No articles found
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