CCPR/C/115/D/2284/2013
9.3 The Committee considers it necessary to bear in mind the Stat e party’s obligation
under article 2, paragraph 1, of the Covenant to ensure to all individuals within its
territory and subject to its jurisdiction the rights recognized in the Covenant, including
in the application of its procedures for the deportation of foreign nationals. 18 The
Committee further recalls that States parties are under an obligation not to extradite,
deport, expel or otherwise remove a person from their territory, where the necessary
and foreseeable consequence of such a measure would be a real risk of irreparable
harm, such as that contemplated in article 7 of the Covenant, either in the country to
which removal is to be effected or in any country to which the person may
subsequently be removed. 19 The Committee has also indicated that the risk must be
personal 20 and that there is a high threshold for providing substantial grounds to
establish that a real risk of irreparable harm exists. 21 Thus, all relevant facts and
circumstances must be considered, including the general human rights situation in the
author’s country of origin. 22
9.4 The Committee recalls its jurisprudence that it is generally for the appellate
courts of the States parties to the Covenant to evaluate facts and evidence in a
particular case, unless it is found that the evaluation was clearly arbitrary or amounted
to a denial of justice. 23
9.5 The Committee observes that the author’s application for refugee status was
thoroughly assessed by the State party’s authorities, which found that the author’s
statements about his reasons for seeking asylum and his account of the events that
caused him to flee Chad were not credible. The Refugee Protection Division found the
author’s accounts to be lacking in credibility, particularly as regards his presentation
of a membership card for the Association pour la promotion des libertés
fondamentales au Tchad which was found to be fraudulent. The author has not
provided any explanation for this, other than mentioning “contradictions” in the
testimony he gave when he arrived in Canada (para. 5.2). Furthermore, the Refugee
Protection Division identified a major contradiction in the author’s account, since he
initially stated that he had never been arrested, charged or detained but then reversed
that account when he stated, as in his submission to the Committee, that he had been
arrested and then held for four full days in March 2008 by officers of the National
Security Agency. In addition, his claims that he is still being sought by the same
officers who had freed him in 2008 have been deemed to be imp lausible.
9.6 The Committee sees no reason to dispute the State party’s conclusions, since the
author has not identified any irregularity in the decision -making process or any
evidence of risk factors that the State party’s authorities may have failed to properly
take into account. The author has failed to demonstrate that the decisions adopted in
respect of his case were manifestly unreasonable, flawed or arbitrary. Furthermore, the
Committee is of the view that, while the numerous documentary materials a nd
statements that the author has submitted, both to national bodies and to the
Committee, do undoubtedly point to the gravity of the situation in Chad, 24 they do not
__________________
18
19
20
21
22
23
24
12/13
See general comment No. 6 (1982) on the right to life (article 6 of the Covenant) and general
comment No. 20 (1992) on the prohibition of torture, or other cruel, inhuman or degrading
treatment or punishment (article 7 of the Covenant); see also Hamida v. Canada, para. 8.2.
See general comment No. 31, para. 12; see, inter alia, Hamida v. Canada, para. 8.7, and
communication No. 692/1996, A.R.J. v. Australia, Views adopted on 28 July 1997, para. 6.14.
See A.R.J. v. Australia, para. 6.6.
See communication No. 1833/2008, X. v. Sweden, Views adopted on 1 November 2011, para. 5.18.
Ibid.
See, inter alia, communication No. 541/1993, Simms v. Jamaica, decision on inadmissibility
adopted on 3 April 1995, para. 6.2.
Including the topics of concern identified by the Committee in the concluding observations
(CCPR/C/TCD/CO/2) issued following its consideration of the second periodic report of Chad in
2014, such as the common practice of torture and restrictions on freedom of expression.
GE.15-21665