CCPR/C/117/D/2387/2014
nature to the substantive rights allegedly violated, have been sufficiently substantiated for
the purposes of admissibility.23
7.6
With respect to the author’s claims under articles 6 (1) and 7 of the Covenant, the
Committee notes that on 15 June 2012, the Minister’s delegate found that the author did not
face an individualized risk of serious harm, that he posed a danger to the Canadian public
due to “serious criminality” and that, despite his refugee status, he could be deported to his
country of origin. The Committee notes that the author has provided details about the
alleged risk of being deprived of his life or suffering torture or ill-treatment. It also notes
his claims of a generalized risk of irreparable harm owing to the insecurity and living
conditions in Somalia and because of his family profile and his status as a young, nonextremist Muslim man. The Committee further notes the author’s assertions about the
killing of his relatives, the absence of clan protection, his Western identity and appearance
and lack of local knowledge and support networks. The Committee accordingly considers
the author’s claims under articles 6 (1) and 7 to have been sufficiently substantiated for the
purposes of admissibility.
7.7
As to the author’s allegations that his prospective removal to Somalia and separation
from his family would constitute arbitrary or unlawful interference with his family life, the
Committee notes the author’s argument that his deportation would interfere with his
relations and ability to maintain contact with his immediate family and significant network
of friends in Canada. The Committee also notes his argument that before his detention, the
author was providing daily support and care to his ailing mother. The Committee therefore
considers that the author’s situation raises issues under articles 17 and 23 (1) and proceeds
to their consideration on the merits.
7.8
The Committee notes that the author has indicated that he is not pursuing his claims
under articles 12 (4), 13 and 18 of the Covenant, and left them without substantiation.
Accordingly, the Committee concludes that that part of the communication is inadmissible
pursuant to article 2 of the Optional Protocol.
7.9
The Committee therefore declares the communication admissible insofar as it raises
issues under articles 6 (1), 7, 17 and 23 (1), read in conjunction with article 2 (3) of the
Covenant, and proceeds to its examination on the merits.
Consideration of the merits
8.1
The Committee has considered the communication in the light of all the information
submitted to it by the parties, in accordance with article 5 (1) of the Optional Protocol.
Articles 6 (1) and 7
8.2
The Committee notes the author’s claim that he would face torture or ill-treatment in
case of return to Somalia as he fits into several of the risk categories identified by UNHCR,
and that he faces specific, personal risks in Somalia. It also notes that, according to the
State party, the domestic decision makers were not satisfied that the author would be
targeted by Al-Shabaab if he were returned to Somalia.
8.3
The Committee recalls its general comment No. 31 (2004) on the nature of the
general legal obligation imposed on States parties to the Covenant, in which it refers to the
obligation of States parties not to extradite, deport, expel or otherwise remove a person
from their territory when there are substantial grounds for believing that there is a real risk
of irreparable harm such as that contemplated by articles 6 and 7 of the Covenant (para. 12).
The Committee has also indicated that the risk must be personal, 24 and that there is a high
threshold for providing substantial grounds to establish that a real risk of irreparable harm
exists. Thus, all relevant facts and circumstances must be considered, including the general
23
24
GE.17-03930
See Choudhary v. Canada, para. 8.4; Warsame v. Canada, para. 7.7; Peirano Basso v. Uruguay, para.
9.4; P.K. v. Canada, para. 7.6; Rogerson v. Australia, para. 7.9; and C.E.A. v. Finland, para. 6.2.
See communications No. 2393/2014, K v. Denmark, Views adopted on 16 July 2015, para. 7.3; No.
2272/2013, P.T. v. Denmark, Views adopted on 1 April 2015, para. 7.2; and No. 2007/2010, X v.
Denmark, Views adopted on 26 March 2014, para. 9.2.
11