Following the author’s deportation on
26 March 2006, the Rapporteur, on 31 March 2006,
sent another note verbale to the State party, on
behalf of the Committee, in which the Rapporteur
expressed grave concern at the State party’s refusal
to comply with its decision, and acknowledged,
inter alia, that this was the first time, to the
Committee’s knowledge, that any State party
deported a complainant following a conclusion by
this Committee that such a deportation would
amount to a violation of article 3. The Rapporteur
expressed concern not only for the complainant in
this case but also deep concern for the global
consequences of the State party’s action with respect
to compliance with the Committee’s decisions
under article 22. The Rapporteur requested to be
informed of any measures taken by the State party
to ensure the complainant’s safety on arrival in the
Islamic Republic of Iran, including the
establishment of any monitoring mechanism through
the State party’s consular offices, or other
procedural or substantive guarantees, and also
requested information in due course on the
complainant’s state of well-being.
Committee’s decision
During the consideration of the follow-up at its
thirty-sixth session, the Committee deplored the
State party’s failure to abide by its obligations under
article 3, and found that the State party violated its
obligations 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”.
State party
FRANCE
Case
Arana, 63/1997
Nationality and country of removal
if applicable
Spanish to Spain
Views adopted on
9 November 1999
Issues and violations found
Complainant’s expulsion to Spain constituted a
violation of article 3
94
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