Advance unedited version CCPR/C/129/D/3106/2018-3122/2018
and personal risk that a person might face if deported, would violate the rights of the authors
and their families under articles 7 and 13 of the Covenant.
9.
In accordance with article 2(1) of the Covenant, which establishes that States parties
undertake to respect and to ensure to all individuals within their territory and subject to their
jurisdiction the rights recognized in the Covenant, the State party is under an obligation to
proceed to a review of the authors’ cases taking into account the State party’s obligations
under the Covenant and the Committee’s present Views. The State party is also requested to
refrain from expelling the authors and their families until their request for asylum is properly
considered. The State party is also under an obligation to take all steps necessary to prevent
similar violations from occurring in the future, including by ensuring the prompt
implementation of the law on the right to asylum and refugee status, and by putting in place
fair and effective asylum procedures, offering effective protection against refoulement.30
10.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable remedy in case
a violation has been established, the Committee wishes to receive from the State party, within
180 days, information about the measures taken to give effect to the Committee’s Views. The
State party is also requested to publish the present Views and disseminate them widely in the
official languages of the State party.
30
10
Ibid., para. 40.