CCPR/C/115/D/2284/2013
psychological support or medical care which he nevertheless needs to help him deal
with the anxiety attacks and depression from which he suffers.
5.2 He reaffirms that he has not benefited from effective remedies during the
consideration of his pre-removal risk assessment applications and applications for
judicial review in the Federal Court; that materials submitted in his pre -removal risk
assessment applications as new evidence with strong probative value were
indiscriminately rejected; that too many negative conclusions were drawn from
contradictions in his testimony that should be attributed to the state of shock and
fatigue he was in upon his arrival in Canada; and that he currently suffers from stress,
anxiety and profound depression. He reaffirms that, in the event of his forcible return
to Chad, he would be at risk of arrest, detention, torture and summary execution by the
Chadian authorities.
Supplementary submissions by the author 13
6.1 On 19 March 2015, the author stated that he was in psychological distress, was
having dark thoughts and was living in total isolation, in hiding and in fear of being
arrested and deported to Chad. He requested that the Committee expedite its
consideration of his communication.
6.2 On 8 April 2015, the author again drew the Committee’s attention to his
declining mental health and transmitted several letters in support of his cause. 14
Issues and proceedings before the Committee
Interim measures
7.
The Committee takes note of the State party’s assertion that it agreed to stay the
execution of the order for the author’s removal and its statement that the author should
have reported to the airport as instructed by CBSA despite the issuance of a stay of the
removal order. The Committee nonetheless remains concerned by the decision of the
Federal Court of Canada of 4 June 2014 in which the Court found that Canada was not
bound by the interim measures adopted by the Committee on behalf of the author. The
Committee recalls its consistent position that a failure to implement interim measures
is incompatible with the obligation to respect in good faith the procedure for the
consideration of individual communications established under the Optional Protocol. 15
In addition, the Committee reminds the State party that its obligations under the
Covenant and the Optional Protocol are binding on the State party as a whole,
including all branches of its Government. 16
Consideration of admissibility
8.1 Before considering any claim contained in a communication, the Committee
must decide, in accordance with rule 93 of its rules of procedure, whether or not the
case is admissible under the Optional Protocol to the Covenant.
8.2 The Committee has ascertained, as required under article 5, paragraph 2 (a), of
the Optional Protocol, that the same matter is not being examined under anothe r
procedure of international investigation or settlement.
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13
14
15
16
10/13
Through counsel.
These included a letter from the Bishop Emeritus of Moundou (Friars Minor Capuchin), a letter
from “Centre Afrika” of Montreal and a new letter (undated) from Mr. Guengueng recalling the risk
faced by the author and emphasizing that the latter has been in hiding “in a Montreal church for
nearly eight months”.
See general comment No. 33 (2008) on the obligations of States parties under the Optional Protocol
to the International Covenant on Civil and Political Rights, para. 19.
See general comment No. 31, para. 4.
GE.15-21665