CCPR/C/116/D/2060/2011
1.1
The author of the communication is W.M.G., a national of Zimbabwe born on 29
June 1970. He claims that his return to Zimbabwe would constitute a violation of his rights
under articles 2 (3), 6 (1), 7, 14 (1) (2) and (3) (c), 17 and 23 (1) of the Covenant.1 The
Optional Protocol to the Covenant entered into force for the State party on 19 August 1976.
The author is represented by counsel, Carole Simone Dahan.
1.2
On 12 May 2011, pursuant to rule 92 of the Committee’s rules of procedure, the
Committee, acting through its Special Rapporteur on new communications and interim
measures, requested the State party to refrain from removing the author to Zimbabwe while
the communication was under consideration by the Committee. On 16 May 2011, the State
party informed the Committee that, in accordance with the Committee’s request, the author
would not be removed.
1.3
On 19 August 2011, the Committee, acting through its Special Rapporteur on new
communications and interim measures, decided to grant the State party’s request to lift
interim measures. On 19 October 2011, the author’s counsel informed the Committee that
the author had been removed from the State party.
Factual background
2.1
On 15 September 1990, the author married L.S., also a national of Zimbabwe. They
have seven children. Two children, born in Zimbabwe in 1991 and 1997, are also nationals
of Zimbabwe; one child was born in the United States of America on 22 December 1998
and is a national of that country and the other four children were born in Canada in May
2002, April 2003, February 2006 and August 2007, respectively, and are nationals of
Canada. In addition, the author has a child with B.N., in the United States, who was born on
14 May 2001, and another child with A.M., in Canada, who was born in November 2002.
In total, the author has three children from extramarital relationships with two women.
2.2
On 20 April 1998, the author left Zimbabwe, together with his wife and children.
They went to the United States where they lived for four years as legal immigrants. The
author completed his pastoral studies, which allowed him to become a minister. He also
studied for a masters degree in business administration, with a specialty in banking and
finance, at a university in North Carolina. On 18 January 2001, the author was convicted by
a court in North Carolina of attempting to obtain property by false pretences. His prison
sentence for that offence was suspended on condition that he leave the United States and
pay restitution in the amount of $900. The author claims that he paid that amount.
2.3
On 29 July 2001, the author, together with his wife and three children, arrived in
Canada. The author claims that B.N and their child also moved to Canada at the same time.
They were permitted to enter the country as visitors for a period of six months. On 26
September 2001, they filed a claim for refugee protection with the Immigration and
Refugee Board, claiming that the author would be at risk of persecution in Zimbabwe by
members of the War Veterans Association and by the Zimbabwe African National Union
Patriotic Front party, which was then in power. In addition, he claims that once in Canada,
he and other persons created a branch of the Movement for Democratic Change, which
opposed the Government of Zimbabwe.
2.4
When the authorities of the State party learned of the author’s conviction in the
United States, the Immigration Division of the Immigration and Refugee Board determined
that the author was not admissible in Canada on the grounds of criminality, pursuant to
1
2
The author’s claims under article 14 (1) (2) and (3) (c) were submitted to the Committee in his
comments of 16 February 2012 on the State party’s observations on admissibility and the merits (see
para. 5.6).