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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents