CCPR/C/117/D/2387/2014 Annex III [Original: Spanish] Dissenting opinion of Committee member Fabián Omar Salvioli 1. I regret that I must dissent from the majority on the Committee in its reasoning and findings in the case of A.B. v. Canada, for the reasons set out below. 2. Regarding the risk to the life and integrity of the author in the event that he would be returned to Somalia, it is incumbent on the State party, if it considers that such a serious risk does not exist, to substantiate its views. The State party’s claims are general in this regard, which leaves me unable to conclude that its internal assessment meets the Committee’s general requirements. The State party rather seems to rely on the argument that the author represents a danger to public safety in Canada. However, the nonrefoulement principle is a peremptory norm that must be applied in the case of the two reasons given, without it being necessary to refer to any additional arguments — especially not the conduct of the person in question, no matter how reprehensible. 3. I consider that deportation by the State party, should it take place, will violate the rights covered in article 17 of the Covenant. In its Views, the Committee considers that the interference with the author’s family life would not be disproportionate to the legitimate aim of preventing the commission of further offences and protecting the public (para. 8 (11)). 4. I cannot accept this reasoning: the State party failed to provide reasons for not applying other measures less detrimental to the family life of A.B. (and that of his family). 5. Any restrictions imposed by a State party on the rights set out in the Covenant regarding a person under its jurisdiction must satisfy the test of legality, necessity, reasonableness and proportionality. I believe that in this case the State party has not been able to demonstrate that the measure is reasonable, much less proportionate to the aim pursued. Nor has it shown that such a measure, in lieu of other, less restrictive measures, is necessary to ensure public safety. GE.17-03930 17