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.