CCPR/C/125/D/3041/2017
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
6 June 2019
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol concerning communication
No. 3041/2017*, **, ***
Communication submitted by:
B.D.K. (represented by counsel, Mylène Barrière)
Alleged victims:
The author and her two elder children
State party:
Canada
Date of communication:
7 November 2017
Document references:
Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 8 November 2017 (not issued
in document form)
Date of adoption of Views:
19 March 2019
Subject matter:
Deportation of an adult and two minor children
to Angola
Procedural issues:
Exhaustion of domestic remedies; manifestly illfounded claims; re-evaluation of facts and
evidence
Substantive issues:
Torture; cruel, inhuman or degrading treatment
or punishment; family rights; separation of
children from parents; children rights; arbitrary
arrest; detention
Articles of the Covenant:
6, 7, 9, 17, 23 and 24
Articles of the Optional Protocol:
2 and 5 (2) (b)
1.1
The author submits the communication acting in her name and in the name of her
two children, citizens of the Democratic Republic of the Congo, where they were born in
* Adopted by the Committee during its 125th session (4–29 March 2019).
** The following members of the Committee participated in the examination of the communication:
Tania 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. In accordance with article 108 of the Rules of
Procedure of the Committee, Marcia V.J. Kran, member of the Committee, did not participate in the
examination of the communication.
*** An individual opinion by Committee member José Manuel Santos Pais (dissenting) is annexed to the
present Views.
GE.19-09160(E)