CCPR/C/125/D/3041/2017
admissibility of the communication on the grounds that the author has failed to sufficiently
substantiate her claims under article 9. The Committee recalls that article 2 of the Covenant
requires that States parties respect and ensure the rights recognized in the Covenant for all
persons in their territory and all persons under their jurisdiction. This entails, inter alia, an
obligation not to extradite, deport, expel or otherwise remove a person from their territory
where there are substantial grounds for believing that there is a real risk of irreparable harm,
such as that contemplated by articles 6 and 7 of the Covenant, in the country to which
removal is to be effected, or in any country to which the person may subsequently be
removed. In that connection, the Committee notes that the author did not provide sufficient
information regarding her claim under article 9 of the Covenant that would allow the
Committee to conclude that her allegations regarding deprivation of liberty would amount
to irreparable harm such as that contemplated in articles 6 and 7. Accordingly, the
Committee considers that the author has failed to substantiate, for the purposes of
admissibility, her allegations that her removal to Angola by the State party would violate
article 9, and declares that part of the communication inadmissible under article 2 of the
Optional Protocol.7
6.6
Concerning the author’s claim under article 13, the Committee notes the State
party’s argument that the author’s claims are insufficiently substantiated since the author
was interviewed a number of times prior to her pre-removal risk assessment application.
The Committee observes that the author’s assessment was examined and that the officer
responsible found that there was no risk for the author upon removal, and therefore no need
to proceed to an oral hearing. It also notes that that decision was reviewed by the Federal
Court, which rejected the author’s request for leave to apply for judicial review on 1 August
2017. In view thereof, the Committee considers that the author has failed to sufficiently
substantiate for purposes of admissibility that the above-mentioned proceedings amounted
to a denial of justice in her case, in violation of article 13 of the Covenant. The Committee
therefore concludes that this part of the communication is inadmissible under article 2 of
the Optional Protocol.
6.7
The Committee also notes the State party’s argument that the other author’s claims
are inadmissible under article 2 of the Optional Protocol due to insufficient substantiation.
With regard to the author’s allegations under articles 6 (1) and 7 of the Covenant, the
Committee observes that the author has explained that she feared returning to Angola
because she feared persecution there and being extradited to the Democratic Republic of the
Congo, where she and her husband would be once again persecuted by security forces, as in
the past. With regard to articles 17 (1), 23 and 24 (1) of the Covenant, the Committee
observes that the author has explained that the deportation of part of the family is
interference in their family life since all members of the family have very strong ties. The
Committee considers that, for the purposes of admissibility, the author has sufficiently
substantiated her allegations.8 The Committee therefore declares the communication
admissible insofar as it raises issues under articles 6 (1), 7, 17 (1), 23 and 24 (1), and
proceeds to consideration of the merits.
Consideration of the merits
7.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, as provided for under article 5 (1) of the Optional
Protocol.
7.2
The Committee notes the author’s claim that her expulsion to Angola would put her
at risk of being persecuted and extradited to the Democratic Republic of the Congo, where
she could be subjected to ill-treatment. She further claims that the State party has not
reasonably assessed the risk inherent in her removal.
7.3
The Committee recalls paragraph 12 of its general comment No. 31 (2004) on the
nature of the general legal obligation imposed on States parties to the Covenant, in which it
7
8
10
See S.Z. v. Denmark (CCPR/C/117/D/2443/2014), para. 8.4 and S. v. Denmark
(CCPR/C/122/D/2642/2015), para. 7.5.
See Biao Lin v. Australia (CCPR/C/107/D/1957/2010), para. 8.6.