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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