Kaur v. Canada,India

Comment:

On 27 February 2006, under rule 92 of the Committee's rules of procedure, the Rapporteur for New Communications and Interim Measures requested the State party not to deport the author to India while her case was under consideration by the Committee. On 21 March 2006, the State party acceded to the request but requested the Rapporteur to lift the interim measures. On 11 May 2006, having reviewed the State party's request and author's comments thereon, dated 31 March 2006, the Rapporteur denied the request, considering that the author had made out a prima facie case.

Substantive issues:

• criminal charges
• criminal offence
• cruel, inhuman or degrading treatment or punishment
• effective remedy
• fair trial
• refugee status
• right to life
• suit at law
• torture

Substantive articles:

• 2 (3)
• 6 (1)
• 7
• 14 (1)

Procedural issues:

• accessory character of article 2 ICCPR
• ratione materiae

Procedural articles:

• 2
• 3