CCPR/C/132/D/2900/2016

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
19 November 2021
Original: English

Advance unedited version

Human Rights Committee

Views adopted by the Committee under the Optional
Protocol, concerning communication No. 2900/2016*, **

Communication submitted by:

A.S. (represented by counsel, Patrick Keyzer)

Alleged victims:

The author

State party:

Australia

Date of communication:

8 March 2016 (initial submission)

Document references:

Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted
to the State party on 16 December 2016 (not
issued in document form)

Date of adoption of Views:

2 July… 2021

Subject matter:

Deprivation of liberty of a person with mental
disability for an indefinite term and in the
absence of regular mandatory reviews

Procedural issues:

Exhaustion of domestic remedies; lack of
substantiation; incompatibility ratione
materiae

Substantive issues:

Cruel, inhuman or degrading treatment or
punishment; arbitrary detention; conditions of
detention; rehabilitation; family rights;
minorities; discrimination on the ground of
disability

Articles of the Covenant:

7; 9 (1) and (4); 10 (1) and (3) read alone and
in conjunction with articles 2 (1) and 26;
article 17 in conjunction with article 23; and
article 27

Articles of the Optional Protocol:

2, 3 and 5 (2) (b)

* Adopted by the Committee at its 132nd session (28 June–23 July 2021).
** The following members of the Committee participated in the examination of the communication:
Tania Abdo Rocholl, Yadh Ben Achour, Arif Bulkan, Wafaa Ashraf Moharram, Mahjoub El Haiba,
Furuya Shuichi, Kobauyah Tchamdja Kpatcha, Duncan Laki Muhumuza, Carlos Gomez Martinez,
Photini Pazartzis, Hernán Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais, Changrok Soh,
Hélène Tigroudja, Imeru Tamerat Yigezu and Gentian Zyberi.

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