and that no laws or regulations or State practice prevented him from returning to Cameroon. As the author himself concedes, he was able to return to his country in April 1992; even if it may be that his return was made possible or facilitated by diplomatic intervention, this does not change the Committee's conclusion that there has been no violation of article 12, paragraph 4, in the case. arrest and detention were clearly justified by reference to article 19, paragraph 3, i.e. permissible restrictions on the author's freedom of expression. In line with the arguments developed in paragraph 9.6 above, the Committee finds that the author's detention in 1988-1989 and 1990 was neither reasonable nor necessary in the circumstances of the case, and thus in violation of article 9, paragraph 1, of the Covenant. 10. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the opinion that the facts before it reveal violations by Cameroon of articles 7, 9, paragraph 1, and 19 of the Covenant. 9.9 The author has formulated claims under article 9, paragraphs 2 to 4, to the effect that he was not promptly informed of the reasons for his arrest(s) and the charges against him, that he was not brought promptly before a judge or other officer authorized by law to exercise judicial power, and that he was denied the right to challenge the lawfulness of his detention. The State party has denied these charges by submitting that the author was properly notified of the charges against him and brought to trial as expeditiously as possible (see para. 6.10 above). The Committee notes that the material and evidence before it does not suffice to make a finding in respect of these claims. 11. Under article 2, paragraph 3 (a), of the Covenant, the State party is under an obligation to provide Mr. Albert W. Mukong with an effective remedy. The Committee urges the State party to grant Mr. Mukong appropriate compensation for the treatment he has been subjected to, to investigate his allegations of ill-treatment in detention, to respect his rights under article 19 of the Covenant and to ensure that similar violations do not occur in the future. 12. The Committee would wish to receive from the State party, within 90 days, information on any relevant measures taken by the State party in respect of the Committee's Views. 9.10 Finally, as to the claim under article 12, paragraph 4, the Committee notes that the author was not forced into exile by the State party's authorities in the summer of 1990, but left the country voluntarily, Communication No. 469/1991 Submitted by: Charles Chitat Ng (represented by counsel) on 25 September 1991 Alleged victim: The author State party: Canada Declared inadmissible: 28 October 1992 (forty-sixth session) Date of adoption of Views: 5 November 1993 (forty-ninth session)* 1. The author of the communication is Charles Chitat Ng, a British subject, born on 24 December 1960 in Hong Kong, and a resident of the United States of America, at the time of his submission detained in a penitentiary in Alberta, Canada, and on 26 September 1991 extradited to the United States. He claims to be a victim of a violation of his human rights by Canada because of his extradition. He is represented by counsel. Subject matter: Extradition of author by State to another jurisdiction where author faces the death penalty Procedural issues: Review of admissibility decision – Admissibility ratione materiae and ratione loci – Non-exhaustion of domestic remedies – Non-compliance with Committee’s request for interim measures of protection Substantive issues: State party’s liability for exposure to risk of violation of Covenant rights in another jurisdiction – Right to life – Discretion in the application of an extradition treaty to seek assurances that capital punishment will not be imposed – Torture and inhuman treatment – Method of execution of capital sentence – Foreseeability of violation The facts as submitted by the author 2.1 The author was arrested, charged and convicted in 1985 in Calgary, Alberta, following an attempted store theft and shooting of a security guard. In February 1987, the United States formally requested the author's extradition to stand trial in California on 19 criminal counts, including kidnapping and 12 murders, committed in 1984 and 1985. If convicted, the author could face the death penalty. Articles of the Covenant: 6, 7, 9, 10, 14 and 26 Articles of the Optional Protocol: 1, 3 and 5 (2) (b) 94

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