and Political Rights and the possibility for the
complainant to use United Nations special
procedure mechanisms such as the Special
Rapporteur on torture, it considers the
United Nations better placed to make enquiries
about the complainant’s well-being.
Complainant’s response
The complainant’s counsel has contested the State
party’s decision to deport the complainant despite
the Committee’s findings. He has not to date
provided information he may have on the author’s
situation since arriving in Iran.
The complainant’s counsel states that on
24 June 2006, he heard from the complainant who
informed him that the Iranian authorities had
delivered a copy of the Committee’s decision to
his home and had requested his attendance for
questioning. He was very worried over the
telephone and counsel has not heard from him
since. In addition, he states that Mr. Dadar is
persona non grata in Iran. He cannot work or travel
and is unable to obtain the medical treatment he
had received in Canada to treat his condition.
Action taken
See the Committee’s annual report (A/61/44) for
an account of the contents of notes verbales sent
from the Special Rapporteur to the State party.
Committee’s decision
During the consideration of the follow-up at its
thirty-sixth session, the Committee deplored the
State party’s failure to abide by its obligations
under article 3, and found that the State party
violated its obligations under article 3 not to,
“expel, return (refouler) or extradite a person to
another State where there are substantial grounds
for believing that he would be in danger of being
subjected to torture”. The dialogue is ongoing.
State party
FRANCE
Case
Arana, 63/1997
Nationality and country of removal
if applicable
Spanish to Spain
Views adopted on
9 November 1999
107
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