Notes
1
The present report reflects information up to the end of the thirty-fourth session
2
The figure 270 appears on the database but one case against Serbia and Montenegro was
registered twice in error.
3
No comment by Committee.
4
The Committee stated, “Furthermore, the Committee is deeply concerned at the fact that the
State party did not accede to the request made by the Committee under rule 108, paragraph 3, of
its rules of procedure that it should refrain from expelling or extraditing the complainant while
her communication was being considered by the Committee, and thereby failed to comply with
the spirit of the Convention. The Committee considers that the State party, in ratifying the
Convention and voluntarily accepting the Committee’s competence under article 22, undertook
to cooperate with it in good faith in applying the procedure. Compliance with the provisional
measures called for by the Committee in cases it considers reasonable is essential in order to
protect the person in question from irreparable harm, which could, moreover, nullify the end
result of the proceedings before the Committee.”
5
S.V. v. Canada, communication No. 49/1996; L.O. v . Canada, communication No. 95/1997;
R. K. v. Canada, communication No. 42/1996.
6
Regarding article 14, the Committee declared that article 16, paragraph 1, of the Convention
does not mention article 14 of the Convention. Nevertheless, article 14 of the Convention does
not mean that the State party is not obliged to grant redress and fair and adequate compensation
to the victim of an act in breach of article 16 of the Convention. The positive obligations that
flow from the first sentence of article 16 of the Convention include an obligation to grant redress
and compensate the victims of an act in breach of that provision. The Committee is therefore of
the view that the State party has failed to observe its obligations under article 16 of the
Convention by failing to enable the complainants to obtain redress and to provide them with fair
and adequate compensation.
7
“The Committee observes that the State party, in ratifying the Convention and voluntarily
accepting the Committee’s competence under article 22, undertook to cooperate with it in good
faith in applying and giving full effect to the procedure of individual complaint established
thereunder. The State party’s action in expelling the complainant in the face of the Committee’s
request for interim measures nullified the effective exercise of the right to complaint conferred
by article 22, and has rendered the Committee’s final decision on the merits futile and devoid of
object. The Committee thus concludes that in expelling the complainant in the circumstances that
it did the State party breached its obligations under article 22 of the Convention.”
8
(1) The Committee observes, moreover, that by making the declaration under article 22 of the
Convention, the State party undertook to confer upon persons within its jurisdiction the right to
invoke the complaints jurisdiction of the Committee. That jurisdiction includes the power to
indicate interim measures, if necessary, to stay the removal and preserve the subject matter of the
case pending final decision. In order for this exercise of the right of complaint to be meaningful
rather than illusory, however, an individual must have a reasonable period of time before
execution of a final decision to consider whether, and if so to in fact, seize the Committee under
78
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