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)