CCPR/C/125/D/2238/2013 United Nations International Covenant on Civil and Political Rights Distr.: General 15 May 2019 Original: English Human Rights Committee Decision adopted by the Committee under the Optional Protocol, concerning communication No. 2238/2013*, ** Communication submitted by: N.P.S.S. and M.K. (represented by counsel, Stewart Istvanffy) Alleged victims: The authors State party: Canada Date of communication: 13 March 2013 (initial submission) Document references: Decision taken pursuant to rule 97 of the Committee’s rules of procedure, transmitted to the State party on 25 March 2013 (not issued in document form) Date of adoption of decision: 29 March 2019 Subject matter: Deportation to India Procedural issues: Lack of substantiation; incompatibility with the Covenant Substantive issues: Right to an effective remedy; right to life; prohibition of torture and cruel, inhuman and degrading treatment; procedural guarantees before alien expulsion and right to equality before courts and tribunals and to fair trial Articles of the Covenant: 2, 6, 7, 13 and 14 Articles of the Optional Protocol: 2 and 3 1.1 The authors of the communication are N.P.S.S. and M.K.,1 both nationals of India. They claim that the State party has violated their rights under articles 2, 6, 7, 13 and 14 of the Covenant. The Optional Protocol entered into force for the State party on 19 May 1976. * Adopted by the Committee at its 125th session (4–29 March 2019). ** The following members of the Committee participated in the examination of the communication: 1 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, Marcia Kran did not participate in the examination of the communication. The authors informed the Committee that M.K. was three months pregnant at the time of the submission of the present communication. GE.19-07970(E) 

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