CCPR/C/116/D/2060/2011 The complaint 3.1 The author claimed that his removal to Zimbabwe would constitute a violation of his rights under articles 2 (3), 6 (1), 7, 17 and 23 (1), of the Covenant. 3.2 The author claimed that his life would be at risk and that he would be subjected to torture or other cruel, inhuman or degrading treatment or punishment if he were returned to his country of origin, in violation of articles 6 (1) and 7 of the Covenant. He is HIV and Mantoux positive. According to a letter from a doctor dated 27 April 2011, in Canada the author would receive medical treatment for HIV immediately whereas in Zimbabwe, he would not receive any treatment until the virus was at a later stage. He would also receive treatment for tuberculosis, which was difficult to access in Zimbabwe. He further claimed that he would not be able to access or afford the antiretroviral treatment he needed. He would not have any governmental or family support, would likely be unemployed, and would not have access to basic needs, including food. Against this background, the author claimed that his life would be at serious risk if he were returned to Zimbabwe. 3.3 The HIV/AIDS rate in Zimbabwe is one of the highest in the world; the country has more people living with AIDS without access to treatment than any other country. 5 By the end of 2009, less than 50 per cent of people living with HIV who require antiretroviral therapy had access to it.6 Access to the treatment is often affected by corruption. Since antiretroviral drug supplies are irregular, physicians switch patients on established antiretroviral regimens to other regimens on the basis not of clinical need, but on drug availability.7 Health facilities have severe shortages of laboratory supplies and equipment that are essential for the provision of quality HIV/AIDS service.8 There is little support for persons who are HIV-positive in terms of counselling and social support. Likewise, there is no adequate support for these persons in terms of nutrition, access to clean water and other relevant health factors. Because of their high price, most people in Zimbabwe cannot access HIV treatment through private institutions, since that would cost at least US$ 100 a month. 3.4 The author claimed that he would be perceived as an opponent of the Government and thus be targeted by the authorities in Zimbabwe. He argued that he would be interrogated by the authorities upon arrival and that members of the security forces and the former ruling party, Zimbabwe African National Union Patriotic Front, would continue to commit human rights violations, including arbitrary arrest, torture and killing, against members and supporters of former opposition parties such as the Movement for Democratic Change and those critical of Front.9 3.5 His removal to Zimbabwe would also constitute an arbitrary or unlawful interference in his family and a violation of his rights under articles 17 and 23 of the Covenant as he would be separated from his wife and children, who would remain in Canada. That situation would cause him great anguish. He claimed that he had been actively involved as a husband and father and that his family needed his presence. Since he and his wife were 5 6 7 8 9 6 United Kingdom House of Commons, International Development Committee, DFID’s Assistance to Zimbabwe, Eighth Report of Session 2009-10, vol. I (London, 2010), para. 116. Food and Agriculture Organization of the United Nations/World Food Programme, FAO/WFP Crop and Food Security Assessment Mission to Zimbabwe (Rome, 2010). Physicians for Human Rights, Health in Ruins: A Man-Made Disaster in Zimbabwe (Cambridge, Massachusetts, 2009). Government of Zimbabwe, United Nations General Assembly Special Session Report on HIV and AIDS: Follow-Up to the Declaration of Commitment on HIV and AIDS - Zimbabwe Country Report. Reporting Period: January 2008 to December 2009. Human Rights Watch, Perpetual Fear: Impunity and Cycles of Violence in Zimbabwe (8 March 2011).