informed the Committee that the author had been removed from Canada on 27 October 1997, prior to the
receipt by the State party of the communication and its request for interim measures.
The facts as presented by the author
2.1
In 1987, the author, then a student, was arrested following mass protests against educational reforms.
In 1990, the author began teaching at a secondary School. In 1992, he became a member of the New Patriotic
Party and represented this party at a polling station during elections in November of the same year. Although
he reported irregularities to the police, they were ignored.
2.2
In September 1992, the author started his studies at the University for Science and Technology in
Kumasi. In January 1993, he became an active member of the National Union of Ghana Students. On 24 March
1994, he represented the University at the 24th Annual Congress of the Union and spoke out against the
educational reform policy of the Government and against the frequent arrest of students. As a result of his
speech, the author was expelled from the university, together with 20 others. On 31 March 1994, following
a demonstration by students to protest the Chancellor's expulsion decision, the author was arrested and accused
of inciting students to protest against the Government. He states that he was stripped naked, beaten and
subjected to inhuman treatment by the police. After five days of custody he was released thanks to a bribe.
He subsequently fled the country.
2.3
As evidence of his allegations, the refers to a letter from his father dated 10 October 1995, in which
his father informed him that the police had come to the family's house to look for him. Moreover, he produces
an attestation by a psychologist indicating that he suffers from severe and chronic post-traumatic stress disorder.
He also states that there exists a brutal dictatorship in Ghana, where no political opposition is tolerated.
2.4
The author requested asylum in Canada in April 1994. The Immigration and Refugee Board heard his
claim for refugee status on 15 December 1994. On 25 January 1995, the claim was rejected. The author
applied for review before the Federal Court of Canada of the decision of the Immigration and Refugee Board,
which he alleged to be manifestly unreasonable and not based on the evidence before it. On 6 September 1995,
the Federal Court of Canada denied the application for judicial review. The author emphasizes that such a
judicial review is a very limited review to gross errors of law rather than an appeal on the merits. Moreover,
he contends that this remedy has no suspensive effect so that an applicant can be deported while his request
is pending before the Court.
2.5
In December 1996, the author applied for administrative review by a "post claim determination officer"
under the "post-determination refugee class in Canada" programme. This programme is an administrative
review without oral hearing which, in the vast majority of cases simply reiterates the reasons given by the
Immigration and Refugee Board for refusing the claimant. On 10 January 1997, his application under the
programme was rejected.
2.6
On 16 January 1997, the author applied for judicial review of the decision by the post-claim
determination officer. On 8 July 1997, the Federal Court of Canada rejected his request for judicial review.
The author was then taken into custody with a view to his being deported.
2.7
On 27 October 1997, the State party removed the author to Ghana. According to counsel, as of 5
November 1999, the author was residing without legal status in the Netherlands and wishes to continue with
his communication against Canada.
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