Warsame v. Canada

Comment:

On 27 July 2010, the Committee, through the SR on New Communications and Interim Measures requested the State party not to deport the author while his case was under consideration by the Committee. A request from the State party to lift the interim measures was denied by the Committee through the SR. Five individual opinions are appended to the text of the Views: by Mr. Gerald L. Neuman and Mr. Yuji Iwasawa (partly dissenting); Mr. Krister Thelin; Sir Nigel Rodley; Mr. Michael O'Flaherty and Ms. Helen Keller; and Mr. Cornelis Flinterman

Substantive issues:

• cruel, inhuman or degrading treatment or punishment
• deprivation of liberty
• effective remedy
• family rights
• freedom of movement
• limitations of rights
• right to life
• torture

Substantive articles:

• 2 (3)
• 6 (1)
• 7
• 12 (4)
• 17 (1)
• 23 (1)

Procedural issues:

• exhaustion of domestic remedies
• interim measures

Procedural articles:

• 5 (2) (b)