State party response
Pursuant to the Committee’s request of
25 March 2005 for follow-up information, the State
party informed the Committee that the complainant
was granted asylum by decision of 14 January 1999.
Author’s response
None
Committee’s decision
No further consideration under the follow-up
procedure as the State party has complied with the
Committee’s decision.
Case
Aemei, 34/1995
Nationality and country of removal
if applicable
Iranian to Iran
Views adopted on
29 May 1997
Issues and violations found
Removal - article 3
Interim measures granted and State party
response
Granted and acceded to by the State party
Remedy recommended
The State party has an obligation to refrain from
forcibly returning the complainant and his family to
Iran, or to any other country where they would run a
real risk of being expelled or returned to Iran.
The Committee’s finding of a violation of article 3
of the Convention in no way affects the decision(s)
of the competent national authorities concerning the
granting or refusal of asylum. The finding of a
violation of article 3 has a declaratory character.
Consequently, the State party is not required to
modify its decision(s) concerning the granting of
asylum; on the other hand, it does have a
responsibility to find solutions that will enable it to
take all necessary measures to comply with the
provisions of article 3 of the Convention. These
solutions may be of a legal nature (e.g. decision to
admit the applicant temporarily), but also of a
political nature (e.g. action to find a third State
willing to admit the applicant to its territory and
undertaking not to return or expel him in its turn).
Due date for State party response
None
Date of reply
25 May 2005
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