SEVENTH SESSION
Communication No. 2/1976
Submitted by: L. P. on 25 November 1976
Alleged victim: The author
State party: Canada
Date of decision on admissibility: 14 August 1979 (seventh session)
tions of ill-treatment while in custody in Canada, he
claims to have exhausted domestic remedies by filing a
civil action on 6 August 1976 against the prison
authorities concerned and the Government of the Pro
vince of British Columbia. He states that this action was
"terminated as moot", when the Minister of Justice let
the extradition order stand.
Extradition—Ill-treatment while in custody—Facilities
for preparation of defence—Inadmissibility ratione
temporis, personae et materiae—Exhaustion of
domestic remedies
Articles of Optional Protocol: 3 and 5 (2) (b)
The author of the communication (initial telegram
dated 25 November 1976, letters dated 4 December 1977
and 20 March 1978 and further submissions dated 14
July and 23 August 1978) is a North American native In
dian, social worker, member of the American Indian
Movement for National Liberation, formerly domiciled
at the Pine Ridge Reservation, South Dakota, United
States of America. He claims to have been unlawfully
extradited from Canada to the United States on the
basis of false evidence, fabricated either by the United
States law enforcement agents in collaboration with
Canadian Government officials, or by a Canadian
Government official who, in accordance with an ad
ministrative arrangement between the Governments of
Canada and the United States of America, assisted the
latter Government during the extradition proceedings.
He also alleges that his extradition was unlawful, in
asmuch as he claims that the Government of Canada
should have rejected the extradition request of the
United States of America, since the alleged acts on
which it was based had taken place on the territory of
the independent Lakota nation, whose sovereignty
Canada has failed to recognize. He further alleges that
during his detention in Canada from 6 February 1976
until he was extradited 11 months later (on 18 December
1976), he was subjected to ill-treatment and denied the
opportunity to prepare his case for the extradition hear
ings property.
The author alleges that the facts complained of con
stitute breaches by the State party of the following ar
ticles of the International Covenant on Civil and
Pohtical Rights: articles 1 (1) and (3); 2 (1) and (3) (a);
3; 7; 9 (1); 10; 13; 14 (3) (b); 18 (1); 19 (1) and 26. The
Committee observes that the author's reference to some
of these articles seems to be secondary to the main com
plaints, deriving from the same facts.
The Covenant entered into force for Canada on 19
August 1976.
By its submissions, dated 29 May 1978 and 7 March
1979, respectively, furnished in response to the Commit
tee's request for information and observations relevant
to the question of admissibihty of the communication,
the State party rejects the allegations put forward by the
author.
In respect of the extradition proceedings, it denies any
responsibility for the alleged false evidence introduced
at the extradition hearings and observes that any evi
dence adduced was submitted by or on behalf of the re
questing State, the United States of America. It further
rejects the contention that the Canadian civil servant,
who, for the purpose of the extradition hearings acted
on behalf of the United States of America in accordance
with the terms of a bilateral treaty between Canada and
the United States of America, had any part in the al
leged fabrication of false evidence, or any reason to
beheve that the evidence adduced was fabricated. The
State party further observes that L. P.'s extradition was
sought on five different counts and that four of these
were regarded by the extradition judge as warranting
committal. The alleged false evidence, consisting of two
affidavits, purportedly made and signed by an
eyewitness, pertained to two of the five counts,
on the basis of which extradition was sought. These
affidavits were introduced at the extradition hearings
as evidence of murder of two agents of the United States
Federal Bureau of Investigation, near Oglala, South
Dakota, on 26 June 1975. Subsequent to the extradition
hearing, a third affidavit, made by the same person, and
preceding in time the two adduced at the hearings, came
to light. This affidavit, which, for one reason or another
was not tendered at the extradition hearings, although
The decision ordering the author's extradition was
rendered by the extradition judge on 18 June 1976 and
upheld on appeal by the Federal Court of Appeal on 27
October 1976. The author thereupon addressed himself
to the Minister of Justice, asking him to determine that
the offences for which his extradition was sought were
of a political character and to order, under the power
granted him by law, that he should not be extradited to
the United States of America. The Minister of Justice
came to the conclusion that the author's extradition was
not sought for political offences.
The author claims that his appeal to the Minister of
Justice exempted him from availing himself of the op
portunity to appeal the decision of the Federal Court of
Appeal to the Supreme Court of Canada. He thus
claims to have exhausted domestic remedies, as far as
his extradition was concerned. In respect of the allega
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