CCPR/C/112/D/2126/2011
12.
The Human Rights Committee, acting under article 5, paragraph 4, of the Optional
Protocol to the International Covenant on Civil and Political Rights, is of the view that a
deportation order issued and enforced against the author would violate his rights under
article 7 of the Covenant.
13.
In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is
under an obligation to provide the author with an effective remedy, including a full
reconsideration of his allegations of the risk of torture, taking into account the State party’s
obligations under the Covenant. The State party is also under an obligation to avoid
exposing others to similar risks of a violation.
14.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether or not there has
been a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State
party has undertaken to ensure to all individuals within its territory or subject to its
jurisdiction the rights recognized in the Covenant and to provide an effective and
enforceable remedy where a violation has been established, the Committee wishes to
receive from the State party, within 180 days, information about the measures taken to give
effect to the Committee’s Views. The State party is also requested to publish the present
Views and to have them widely disseminated in the official language of the State party.
12