CCPR/C/115/D/2284/2013
Annex
Views of the Human Rights Committee under article 5,
paragraph 4, of the Optional Protocol to the International
Covenant on Civil and Political rights (115th session)
concerning
Communication No. 2284/2013*
Submitted by:
F.M. (represented by Stewart Istvanffy)
Alleged victim:
The author
State party:
Canada
Date of communication:
16 August 2013 (initial submission)
The Human Rights Committee, established under article 28 of the International
Covenant on Civil and Political Rights,
Meeting on 5 November 2015,
Having concluded its consideration of communication No. 2284/2013, submitted
to the Human Rights Committee on behalf of F.M. under the Optional Protocol to the
International Covenant on Civil and Political Rights,
Having taken into account all written information made available to it by the
author of the communication and the State party,
Adopts the following:
Views under article 5, paragraph 4, of the Optional Protocol
1.1 The author of the communication, dated 16 August 2013, is F.M., a Chadian
national born on 1 November 1975 in Moundou (Chad), who is under threat of
deportation to Chad. He claims that the State party would violate article 2, article 6,
paragraph 1, articles 7 and 13 of the Covenant if it were to deport him. The author is
represented. The Optional Protocol entered into force for Canada on 19 August 1976.
1.2 On 23 August 2013, pursuant to rule 92 of the Committee’s rules of procedure,
the Committee, acting through its Special Rapporteur on new communications and
interim measures, informed the author that it had denied his request for the provision
of interim measures consisting of the issuance of a request to the State party to refrain
from deporting the author while the communication was being examined.
1.3 On 9 December 2013, after examining new evidence submitted by the author on
6 December 2013 (see para. 2.12 below), and pursuant to rule 92 of its rules of
procedure, the Committee, acting through its Special Rapporteur on new
communications and interim measures, requested the State party to refrain from
* The following members of the Committee participated in the consideration of the present
communication: Mr. Lazhari Bouzid, Ms. Sarah Cleveland, Mr. Olivier de Frouville, Mr. Yuji
Iwasawa, Ms. Ivana Jelić, Mr. Duncan Laki Muhumuza, Ms. Photini Pazartzis, Mr. Mauro Politi,
Sir Nigel Rodley, Mr. Víctor Manuel Rodríguez-Rescia, Mr. Fabián Omar Salvioli, Mr. Dheerujlall
Seetulsingh, Ms. Anja Seibert-Fohr, Mr. Yuval Shany, Mr. Konstantine Vardzelashvili and Ms.
Margo Waterval.
2/13
GE.15-21665