CCPR/C/125/D/2948/2017
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
31 May 2019
English
Original: French
Human Rights Committee
Decision adopted by the Committee under article 5 (4) of
the Optional Protocol to the International Covenant on
Civil and Political Rights, concerning communication No.
2948/2017*, **, ***
Submitted by:
H.S. et al. (represented by counsel, Alain
Vallières)
Alleged victim:
The authors
State party:
Canada
Date of communication:
26 January 2017 (initial submission)
Document references:
Decision taken pursuant to rules 92 and 97 of the
Committee’s rules of procedure, transmitted to
the State party on 7 February 2017 (not issued in
document form)
Date of decision:
14 March 2019
Subject matter:
Deportation from Canada to India
Procedural issues:
Non-exhaustion of domestic remedies;
insufficient substantiation of claims;
incompatibility with the Covenant
Substantive issues:
Right to life; risk of torture or cruel, inhuman or
degrading treatment; liberty and security of
person; deprivation of liberty; right to privacy
and family life; rights of the child;
non-discrimination
Articles of the Covenant:
2, 6, 7, 9, 10, 17, 23, 24 and 26
Articles of the Optional Protocol:
2, 3 and 5 (2) (b)
* Adopted by the Committee at its 125th session (4–29 March 2019).
** The following members of the Committee participated in the consideration of the present
communication: Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Christopher Arif
Bulkan, Ahmed Amin Fathalla, Shuichi Furuya, Christof Heyns, Bamariam Koita, Duncan Laki
Muhumuza, Photini Pazartzis, Hernán Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais,
Yuval Shany, Hélène Tigroudja, Andreas Zimmermann and Gentian Zyberi. Pursuant to rule 108 of
the Committee’s rules of procedure, Committee member Marcia V.J. Kran did not participate in the
consideration of the communication.
*** A joint opinion (dissenting) by José Manuel Santos Pais and Gentian Zyberi is appended to the
present document.
GE.19-08918(E)
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