CCPR/C/117/D/2387/2014

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
16 March 2017
English
Original: English and Spanish

Human Rights Committee

Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2387/2014*, **, ***
Communication submitted by:

A.B. (represented by counsel Laura Brittain, then
Benjamin Liston)

Alleged victim:

The author

State party:

Canada

Date of communication:

29 April 2014 (initial submission)

Document references:

Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 5 May 2014 (not issued in
document form)

Date of adoption of Views:

15 July 2016

Subject matter:

Deportation from Canada to Somalia

Procedural issues:

Non-exhaustion of domestic remedies; level of
substantiation of claims; incompatibility with the
Covenant

Substantive issues:

Right to an effective remedy; right to life; risk of
torture or cruel, inhuman or degrading treatment;
right to privacy, family and reputation;
protection of the family

Articles of the Covenant:

2 (3), 6 (1), 7, 17 and 23 (1)

Articles of the Optional Protocol:

2, 3 and 5 (2) (b)

1.1
The author of the communication is A.B., a national of Somalia born in 1979. He is
a member of the Somali Darod clan. He was recognized as a refugee in Canada in 1993.
However, he faces deportation to Somalia owing to his criminal record in Canada. He
claims that if Canada proceeds with his deportation to Somalia, it would amount to a

* Adopted by the Committee at its 117th session (20 June-15 July 2016).
** The following members of the Committee participated in the examination of the communication:
Yadh Ben Achour, Lazhari Bouzid, Sarah Cleveland, Olivier de Frouville, Yuji Iwasawa, Ivana Jelić,
Photini Pazartzis, Mauro Politi, Sir Nigel Rodley, Víctor Manuel Rodríguez Rescia, Fabián Omar
Salvioli, Dheerujlall Seetulsingh, Anja Seibert-Fohr, Yuval Shany, Konstantine Vardzelashvili and
Margo Waterval.
*** Three individual opinions by Committee members Yadh Ben Achour, Víctor Manuel Rodríguez
Rescia and Fabián Omar Salvioli are annexed to the present Views.

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