Case
Bachan Singh Sogi, 297/2006
Nationality and country of removal
if applicable
Indian to India
Views adopted on
16 November 2007
Issues and violations found
Removal - article 3
Interim measures granted and State
party response
Requested but rejected by the State party.6
Remedy recommended
To make reparation for the breach of article 3 of the
Convention, and to determine, in consultation with
the country to which he was deported, the
complainant’s current whereabouts and the state of
his well-being.
Due date for State party response
28 February 2008
Date of reply
7 April 2009 (the State party had previously
responded on 29 February 2008 and
21 October 2008).
State party response
On 29 February 2008, the State party regretted that
it was not in a position to implement the
Committee’s Views. It did not consider either a
request for interim measures of protection or the
Committee’s Views themselves to be legally
binding and is of the view that it has fulfilled all of
its international obligations. Its failure to comply
with the Committee’s Views should not be
interpreted as disrespect for the Committee’s work.
It submitted that the Government of India is better
6
“As regards non-compliance with the Committee’s requests of 14 and 30 June 2006 to suspend
removal, the Committee recalls that the State party, by ratifying the Convention and voluntarily
accepting the Committee’s competence under article 22, undertook to cooperate with the
Committee in good faith in applying and giving full effect to the procedure of individual
complaints established thereunder. The Committee also notes that the State party’s obligations
include observance of the rules adopted by the Committee, which are inseparable from the
Convention, including rule 108 of the rules of procedure, which is specifically intended to give
meaning and scope to articles 3 and 22 of the Convention. (See Dar v. Norway,
communication No. 249/2004, Views of 11 May 2007, para. 16.3; and Tebourski v. France,
communication No. 300/2006, Views of 1 May 2007, para. 8.6). Consequently the Committee
considers that, by sending the complainant back to India despite the Committee’s repeated
requests for interim measures, the State party has committed a breach of its obligations under
articles 3 and 22 of the Convention.”
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