Human Rights Committee did not consider a
similar procedure contrary to the Covenant on Civil
and Political Rights.
However, the State party informed the Committee
that the law had been amended and that since
22 February 2008, to the extent that the nomination
of a “special lawyer” is authorized to defend the
individual in his absence and in the absence of his
own lawyer, when such information is considered
in camera.
As to the Committee’s point that it is entitled to
freely assess the facts of each case (para. 10.3), the
State party referred to jurisprudence in which the
Committee found that it would not question the
conclusion of national authorities unless there was
a manifest error, abuse of process, or grave
irregularity, etc. (see cases 282/2005 and
193/2001). In this context, it submits that the
delegate’s decision was reviewed in detail by the
Court of Federal Appeal, which itself reviewed all
the original documentation submitted to support his
claims as well as new documents and found that it
could not conclude that the delegate’s conclusions
were unreasonable.
On 21 October 2008, the State party provided a
supplementary reply. It denied the author’s
allegations that his rights were violated by the
Canadian authorities during his removal from
Canada. It explained that in such circumstances
where an individual being returned poses a great
threat to security he/she is returned by a chartered
rather than commercial airline. The complainant’s
hands and feet were handcuffed, the handcuffs on
his hands were connected to a belt attached to his
seatbelt and those on his feet were attached to a
security strap. He was held in his chair by a belt
around his body. These measures are always taken
in cases where there is a very high security risk on
a chartered flight. These measures did not prevent
him from moving his hands and feet to some extent
or from eating or drinking. The authorities offered
to change the position of his seat on several
occasions but he refused. As to food, the
complainant was offered special vegetarian meals
but other than apple juice he refused to accept
anything. The chemical toilet on the plane had not
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