CCPR/C/125/D/3041/2017
referred to the obligation of States parties 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. The Committee has also indicated that the risk must be personal9 and that there is
a high threshold for providing substantial grounds to establish that a real risk of irreparable
harm exists. Thus, all relevant facts and circumstances must be considered, including the
general human rights situation in the author’s country of origin.10 The Committee recalls
that it is generally for the organs of States parties to examine the facts and evidence of the
case in order to determine whether such a risk exists, unless it can be established that the
assessment was arbitrary or amounted to a manifest error or denial of justice. 11
7.4
The Committee notes the author’s statements regarding the arrest warrants against
her in the Democratic Republic of the Congo, and the persecution that she and her family
endured in Angola. The Committee observes, however, that the author’s pre-removal risk
assessment filed and arguments thereby submitted were thoroughly examined by the State
party’s authorities in the context of the consideration of her application for a pre-removal
risk assessment, and subsequent application for leave to apply for judicial review. The
Committee notes that, according to the documentation provided by the parties, the Canada
Border Services Agency heard the author on various occasions and had identity documents
provided by the author examined by experts to establish their authenticity. All the
authorities identified contradictory and implausible elements in the author’s statements. In
particular, the Committee notes the State party’s argument that the author has failed to
substantiate or convincingly explain why the author and her husband are being persecuted
in the Democratic Republic of the Congo even though their profiles do not correspond with
those persecuted following the murder of the former President of the Democratic Republic
of the Congo (see para. 4.3), and that the State party questions whether the authors are
actually citizens of the Democratic Republic of the Congo. The Committee also notes that
the author has not convincingly demonstrated that she was persecuted in the Democratic
Republic of the Congo, that her brother was killed in Angola because she was persecuted
and that her mother’s leg had to be amputated for the same reasons, as she claims.
Following the analysis of the case file, the Federal Court, on its decision of 26 May 2017,
came to the conclusion that the author was not at risk of irreparable harm if she were
deported to Angola, a country where she had lived for years.
7.5
The Committee notes that, although the author contests the assessment and findings
of the Canadian authorities as to the risk of harm she faces in Angola and the risk of
extradition to the Democratic Republic of the Congo, she has not presented any evidence to
sufficiently substantiate her allegations under articles 6 and 7 of the Covenant. The
Committee considers that the information at its disposal demonstrates that the State party
took into account all the elements provided by the author when evaluating the risk that she
faced, and she has not identified any irregularity in the decision-making process. The
Committee also considers that, while the author disagrees with the factual conclusions of
the authorities in the State party, she has not shown that they were arbitrary or manifestly
erroneous, or that they amounted to a denial of justice. Consequently, the Committee
considers that the evidence and circumstances mentioned by the author do not demonstrate
that she would be at real and personal risk of being subjected to treatment contrary to
articles 6 and 7 of the Covenant. In view thereof, the Committee is not able to conclude that
the information before it shows that the author’s rights under articles 6 (1) and 7 of the
Covenant would be violated if she were removed to Angola.
7.6
With respect to the claim of violation of articles 17 (1), 23 (1) and 24 (1) of the
Covenant, the Committee notes the author’s claims that her deportation with her two elder
children constitutes interference in their right to family life since all members of the family
have very strong ties, and that their separation would not be in the best interests of her
children. The Committee notes the State party’s argument that it was the author’s decision
to enter Canada without her husband that results now in their claims being considered
9
10
11
See K. v. Denmark (CCPR/C/114/D/2393/2014), para. 7.3, P.T. v. Denmark
(CCPR/C/113/D/2272/2013), para. 7.2 and X. v. Denmark (CCPR/C/110/D/2007/2010), para. 9.2.
See X. v. Denmark, para. 9.2 and X. v. Sweden (CCPR/C/103/D/1833/2008), para. 5.18.
See, for example, K. v. Denmark, para. 7.4.
11