CCPR/C/120/D/2601/2015
10.
The Committee, acting under article 5 (4) of the Optional Protocol, is therefore of
the view that deportation to Iraq would, if implemented, violate the author’s rights under
articles 6 (1) and 7 of the Covenant.
11.
In accordance with article 2 (1) of the Covenant. which establishes that States parties
undertake to respect and to ensure to all individuals within their territory and subject to
their jurisdiction the rights recognized in the Covenant, the State party is under an
obligation to proceed to a review of the author’s case taking into account the State party’s
obligations under the Covenant and the Committee’s present Views. The State party is also
requested to refrain from expelling the author while his request for asylum is being
reconsidered.
12.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable remedy in
case a violation has been established, the Committee wishes to receive from the State party,
within 180 days, information about the measures taken to give effect to the Committee’s
Views. The State party is also requested to publish the Committee’s Views.
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