CCPR/C/119/D/2613/2015

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
12 May 2017
Original: English

Human Rights Committee

Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2613/2015*, **
Submitted by:

Jose Henry Monge Contreras (represented by
counsel)

Alleged victim:

The author

State party:

Canada

Date of communication:

29 May 2015 (initial submission)

Document references:

Decision taken pursuant to rules 92 and rule 97
of the Committee’s rules of procedure,
transmitted to the State party on 29 May 2015
(not issued in a document form)

Date of adoption of Views:

27 March 2017

Subject matter:

Removal to El Salvador

Procedural issues:

Admissibility — exhaustion of domestic
remedies/insufficient substantiation of claims

Substantive issues:

Right to life; torture, cruel, inhuman or
degrading treatment or punishment

Articles of the Covenant:

6, 7, 9, 17 and 23, read alone and in conjunction
with 2 (3)

Articles of the Optional Protocol:

2, 3 and 5

1.1
The author is Jose Henry Monge Contreras, a national of El Salvador born on 19
March 1971 and currently residing in Canada. The author is subject to removal to El
Salvador, following the rejection of his application for refugee status in Canada. The
removal to El Salvador was scheduled for 30 May 2015. The author claimed that his rights
under articles 6, 7, 9, 17 and 23, read alone and in conjunction with article 2 (3) of the
International Covenant on Civil and Political Rights, would be violated if Canada

* Adopted by the Committee at its 119th session (6-29 March 2017).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Sarah Cleveland, Ahmed Amin
Fathalla, Olivier de Frouville, Christof Heyns, Yuji Iwasawa, Bamariam Koita, Duncan Laki
Muhumuza, Photini Pazartzis, Mauro Politi, Anja Seibert-Fohr, Yuval Shany and Margo Waterval.
Pursuant to rule 90 of the Committee’s rules of procedure, Marcia V.J. Kran did not participate in the
examination of the present communication.

GE.17-07583(E)

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