CCPR/C/125/D/2034/2011
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
23 May 2019
Original: English
Human Rights Committee
Decision adopted by the Committee under the Optional
Protocol, concerning communication No. 2034/2011*, **
Communication submitted by:
S.D.P.T., Y.F.R.T. and P.T. (represented by
counsel, Monica Feria-Tinta)
Alleged victims:
The authors
State party:
Canada
Date of communication:
27 March 2011 (initial submission)
Document references:
Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 4 April 2011 (not issued in
document form)
Date of adoption of decision:
29 March 2019
Subject matter:
Risk of partial demolition of house for failure to
obtain licence
Procedural issues:
Non-exhaustion of domestic remedies; failure to
substantiate claims
Substantive issues:
Right to life; torture; cruel, inhuman or
degrading treatment or punishment; human
dignity; right to an effective remedy; right to
equality before courts; right to equality and nondiscrimination
Articles of the Covenant:
2 (3), 6, 7, 14, 17 and 26
Articles of the Optional Protocol:
1, 3 and 5 (2) (b)
1.
The authors of the communication are S.D.P.T., born on 2 July 1937, and Y.F.R.T.,
born on 24 April 1943, who are a married couple and both Canadian nationals. They claim
that the State party has violated their rights under articles 7, 14, 17 and 26 of the Covenant.
The Optional Protocol entered into force for Canada on 19 August 1976. The authors are
represented by counsel.
* 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:
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. In accordance with article 90 of the
Committee’s rules of procedure, Marcia V.J. Kran did not participate in the examination of the
communication.
GE.19-08448(E)