its article 22 jurisdiction. In the present case, however, the Committee observes that the
complainant was arrested and removed by the State party immediately upon the Government’s
decision of expulsion being taken; indeed, the formal notice of decision was only served upon
the complainants counsel the following day. As a result, it was impossible for the complainant
to consider the possibility of invoking article 22, let alone seize the Committee. As a result, the
Committee concludes that the State party was in breach of its obligations under article 22 of the
Convention to respect the effective right of individual communication conferred thereunder.
(2) Having addressed the merits of the complaint, the Committee must address the failure of the
State party to cooperate fully with the Committee in the resolution of the complaint. The
Committee observes that, by making the declaration provided for in article 22 extending to
individual complainants the right to complain to the Committee alleging a breach of a State
party’s obligations under the Convention, a State party assumes an obligation to cooperate fully
with the Committee, through the procedures set forth in article 22 and in the Committee’s rules
of procedure. In particular, article 22, paragraph 4, requires a State party to make available to
the Committee all information relevant and necessary for the Committee appropriately to resolve
the complaint presented to it. The Committee observes that its procedures are sufficiently
flexible and its powers sufficiently broad to prevent an abuse of process in a particular case. It
follows that the State party committed a breach of its obligations under article 22 of the
Convention by neither disclosing to the Committee relevant information, nor presenting its
concerns to the Committee for an appropriate procedural decision
79
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