Since Mr. Dadar’s return, the State party informs the
Committee that a Canadian representative spoke
with the complainant’s nephew who said that
Mr. Dadar arrived in Tehran without incident, and
has been staying with his family. Canada has no
direct contact with Mr. Dadar since he was returned
to Iran. In light of this information, as well as
Canada’s determination that Mr. Dadar did not face
a substantial risk of torture upon return to Iran, the
State party submits that it was not necessary for
Canada to consider the issue of monitoring
mechanisms in this case. It submits further that
Mr. Dadar is now within the jurisdiction of Iran,
which is a party to the ICCPR and bound to respect
the rights protected under the Covenant, including
the prohibition of torture and cruel, inhuman and
degrading treatment or punishment. There are also
United Nations special procedures, such as the
Special Rapporteur on Torture, which would be
available to Mr. Dadar if required.
Author’s response
The complainant’s counsel has contested the State
party’s decision to deport the complainant despite
the Committee’s findings. He has not to date
provided information he may have on the author’s
situation since arriving in Iran.
Action taken
On 13 March 2006, following oral information from
the State party on 10 March 2006, that the State
party intended to deport the complainant in this case,
the Special Rapporteur, sent a note verbale to the
State party. The Rapporteur expressed concern that,
despite the Committee’s decision, the State party
intended to deport the complainant back to Iran. On
behalf of the Committee, the Rapporteur reminded
the State party that it has an obligation under
article 3 not to “expel, return (refouler) or extradite a
person to another State where there are substantial
grounds for believing that he would be in danger of
being subjected to torture”. In view of the
Committee’s decision (para. 8.9) that, “substantial
grounds exist for believing that the complainant may
risk being subjected to torture if returned to Iran”,
the Rapporteur invited the State party to take action
in conformity with the Committee’s decision.
93
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