and Political Rights, is of the view that the facts
which have been placed before it do not disclose
a violation of any provision of the Covenant.
11.
The Human Rights Committee, acting
under article 5, paragraph 4, of the Optional
Protocol to the International Covenant on Civil
_______________
Communication No. 319/1988
Submitted by: Edgar A. Canón García (represented by counsel)
Date of communication: 4 July 1988
Alleged victim: The author
State party: Ecuador
Date of adoption of Views: 5 November 1991 (forty-third session)
officers acting on behalf of Interpol and the
United States Drug Enforcement Agency
(D. E. A.), who forced them into a vehicle
waiting in front of the hotel. He adds that he
asked an Ecuadorian police colonel whether the
Ecuadorian police (Policía Nacional Ecuatoriana)
had any information about him; he was told that
the police merely executed an “order” coming
from the Embassy of the United States. After a
trip of approximately one hour, they arrived at
what appeared to be a private residence, where
Mr. Canón was separated from his wife.
Subject matter: Unlawful expulsion of alleged
drug trafficker
Procedural issues: Notion of victim—
Substantiation of claim—Exhaustion of domestic
remedies
Substantive issues: Right to an effective
remedy—Right not to be subjected to cruel,
inhuman
or
degrading
treatment
or
punishment—Expulsion of an alien—Right to
have one’s expulsion case reviewed
Articles of the Covenant: 7, 9(1), 13, 14(5) and
17
2.2
He claims to have been subjected to
ill-treatment, which included the rubbing
of salt water into his nasal passages. He spent
the night handcuffed to a table and a chair,
without being given as much as a glass of water.
At approximately 8 a. m. the next morning, he
was taken to the airport of Guayaquil, where two
individuals, who had participated in his
“abduction” the previous day, identified
themselves as agents of the D. E. A. and
informed him that he would be flown to the
United States on the basis of an arrest warrant
issued against him in 1982.
Articles of the Optional Protocol: 1, 2 and
5(2)(b)
1.
The author of the communication (initial
submission dated 4 July 1988 and subsequent
correspondence) is Edgar A. Canón García, a
Colombian citizen currently imprisoned on a
drug-trafficking conviction at the penitentiary in
Anthony (Texas/New Mexico), United States of
America. He is represented by counsel.
2.3
In this context, the author notes
that agents of the D. E. A. had offered him,
in the course of a covert operation in 1982, to
carry out a drug-trafficking operation, which he
had declined. He submits that he never
committed a drug-related offence, and argues
that the U. S. authorities decided not to follow
the formal extradition procedures under the
United States-Ecuador Extradition Treaty, since
the possibility of obtaining an extradition order
by an Ecuadorian judge would have been remote.
The facts as submitted by the author
2.1
The author lived in the United States of
America for 13 years until 1982, when he
returned to Bogotá, Colombia, where he
resided until July 1987. On 22 July 1987, he
travelled to Guayaquil, Ecuador, with his wife.
At around 5 p. m. the same day, while walking
with his wife in the reception area of the
Oro Verde Hotel, they were surrounded
by 10 armed men, reportedly Ecuadorian police
90
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