while the case was under consideration by the Committee. The complainant was later allowed to
return to Norway. The Committee found that the author’s deportation to Pakistan despite a
standing request for interim measures constituted a breach of article 22 of the Convention.
However, it considered that by facilitating his return to Norway and granting him a three-year
residence permit, the State party had remedied this breach. In view of the fact that the
complainant, who was not tortured during his stay in Pakistan, had returned to the State party,
where he received a residence permit for three years, the Committee considered that the issue as
to whether his deportation to Pakistan constituted a violation of article 3 was moot.
84. In its decision on complaint No. 281/2005 (Pelit v. Azerbaijan), the Committee concluded
that the expulsion of the complainant (a Turkish national of Kurdish origin, who was officially
recognized as a refugee by Germany) to Turkey, constituted a violation of her rights under both
articles 3 and 22 of the Convention. Upon registering the case, the Committee had requested the
State party not to extradite the complainant while her case was under consideration by the
Committee. The State party initially agreed not to do so, but subsequently deported her, after
having received diplomatic assurances from Turkey to the effect that she would not be subjected
to any form of ill-treatment. The State party affirmed that a post-expulsion monitoring
mechanism had been established and that the complainant was not ill-treated after her return. The
Committee expressed its concern about the situation and reiterated that once a State party makes
the declaration under article 22 of the Convention, it voluntarily accepts to cooperate in good
faith with the Committee under article 22; the complainant’s expulsion has rendered null the
effective exercise of her right to complain. On the issue of the diplomatic assurances, and with
reference to its decision in the case of Agiza v. Sweden (communication No. 233/2003), the
Committee noted that although some form of a post-expulsion monitoring had indeed taken
place, the State party had not provided any document, nor had it given sufficient details, to allow
the Committee to evaluate whether these assurances were sufficient to safeguard the
complainant’s rights.
85. In its decision on complaint No. 298/2006 (C.A.R.M. and others v. Canada), the
Committee found that the complainants’ expulsion to Mexico, where C.A.R.M. and his family
had allegedly been persecuted by the mayor of his home town in connivance with a drug cartel,
did not amount to a violation of article 3 of the Convention. The Committee considered that the
complainants had not sufficiently substantiated the claim that their removal to Mexico would
cause them irreparable harm, noting that they had never complained about their alleged
persecution in that country and had not sought refuge in another region of Mexico, nor requested
protection from the Mexican authorities before seeking asylum in Canada.
86. In complaint No. 300/2006 (Tebourski v. France), the complainant was a Franco-Tunisian
national residing in France, who had been convicted on terrorist-related charges and was
considered by the authorities to be a danger to the public. As a result, after his release from
prison, his French citizenship was revoked and his deportation was ordered by the French
authorities. The complainant claimed that his deportation would amount to a violation of article 3
of the Convention by France, as he would be at risk of torture in Tunisia. After examining the
arguments and evidence submitted to it, the Committee concluded that substantial grounds
existed for believing that the complainant would be at risk of torture, and that his deportation
would amount to a violation of the Convention. The Committee regretted that, despite the
Committee’s request not to deport the author, the State party had deported him to Tunisia before
the Committee could decide on the case. As a result, the Committee also found a violation of
article 22 of the Convention.
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