CCPR/C/123/D/2371/2014
would not have been in the best interests of the children. It is undisputed that Mr. Maalem left
Algeria when he was young, has resided for more than 30 years in Uzbekistan and has
established connections with the State party. The State party has not adequately explained why
its legitimate objective in upholding its criminal policy concerning aliens on its territory,
notably applying retroactively a more restrictive version of the regulation providing for
automatic expulsion, without exception, of aliens who have committed crimes and served their
sentences should have outweighed the best interests of the authors’ children. In the light of all
the circumstances of the present case, the Committee considers that the expulsion order issued
against Mr. Maalem constituted disproportionate interference with the family life of both
authors and their children, which cannot be justified in the light of the reasons invoked by the
State party to remove him to Algeria. The Committee concludes that Mr. Maalem’s expulsion
order resulted in arbitrary interference with the right to family life, in breach of article 17 (1),
read alone and in conjunction with article 23 (1), of the Covenant, in respect of the authors and
their children.
11.8 Concerning the claim under article 24, the Committee reiterates that the principle of the
best interests of the child forms an integral part of every child’s right to such measures of
protection as required by his or her status as a minor, on the part of his or her family, society
and the State, as required by article 24 (1) of the Covenant.5 In the light of its conclusions under
articles 17 and 23, the Committee considers that the expulsion order against Mr. Maalem has
violated article 24 owing to a failure to provide his minor children with the necessary protection
owed to them as children by the State party.
12.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that
Mr. Maalem’s expulsion to Algeria would violate the rights of the authors and their children
under article 17, read alone and in conjunction with article 23(1), of the Covenant and under
article 24 (1) of the Covenant, in relation to their minor children.
13.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide individuals whose Covenant rights have been violated with an effective
remedy. Accordingly, the State party is obligated to, inter alia, take appropriate steps to proceed
to a review of the decision to expel Mr. Maalem with a restriction on his re-entry, taking into
account the State party’s obligations under the Covenant. The State party is also under an
obligation to take all steps necessary to prevent similar violations from occurring in the future.
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 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 when it has been determined
that a violation has occurred, 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 Committee’s Views and to have them widely
disseminated in the official language of the State party.
5
See Bakhtiyari v. Australia (CCPR/C/79/D/1069/2002), para. 9.7.
9