June 1993, and that under the current legislation
Mr. Singer has the right, albeit under specified
conditions and with two exceptions, to display
commercial advertisements outside his store in
English. The Committee observes that it has not
been called upon to consider whether the Charter of
the French Language in its current version is
compatible with the provisions of the Covenant. In
the circumstances, it concludes that the State party
has provided Mr. Singer with an effective remedy.
13. 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 view that the facts before it reveal
a violation of article 19, paragraph 2, of the
Covenant.
14. The Committee notes that the contested
provisions of the Quebec Charter of the French
Language were amended by Bill No. 86 in
Communication No. 456/1991
Submitted by: Ismet Celepli (represented by counsel) on 17 February 1991
Alleged victim: The author
State party: Sweden
Declared admissible: 19 March 1993 (forty-seventh session)
Date of adoption of Views: 18 July 1994 (fifty-first session)
authorities prescribed limitations and conditions
concerning the Kurds' place of residence.
Subject matter: Alien subjected to regime of residence
restrictions instead of execution of expulsion
order
2.2 Under these restrictions, the author was
confined to his home municipality (Västerhaninge, a
town of 10,000 inhabitants 25 kilometres south of
Stockholm) and had to report to the police three
times a week; he could not leave or change his town
of residence nor change employment without prior
permission from the police.
Procedural issues: Lack of substantiation of claim –
Inadmissibility ratione materiae
Substantive issues: Freedom of movement –
Restrictions on freedom of movement based
on considerations of national security
Articles of the Covenant: 7, 9, 12, 13 and 17
2.3 Under Swedish law, there exists no right to
appeal against a decision to expel a suspected
terrorist or to impose restrictions on his freedom of
movement. The restrictions of the author's freedom
of movement were alleviated in August 1989 and the
obligation to report to the police was reduced to once
a week. On 5 September 1991, the expulsion order
was revoked; the restrictions on his liberty of
movement and the reporting obligations were
abolished.
Articles of the Optional Protocol: 2 and 3
1.
The author of the communication (dated
17 February 1991) is Ismet Celepli, a Turkish citizen
of Kurdish origin living in Sweden. He claims to be
the victim of violations of his human rights by
Sweden. He is represented by counsel.
The facts as submitted by the author
2.1 In 1975, the author arrived in Sweden, fleeing
political persecution in Turkey; he obtained
permission to stay in Sweden but was not granted
refugee status. Following the murder of a former
member of the Workers' Party of Kurdistan in June
1984 at Uppsala, suspicions of the author's
involvement in terrorist activities arose. On
18 September 1984, the author was arrested and
taken into custody under the Aliens Act; he was not
charged with any offence. On 10 December 1984, an
expulsion order against him and eight other Kurds
was issued pursuant to sections 30 and 47 of the
Swedish Aliens Act. The expulsion order was not,
however, enforced, as it was believed that the Kurds
could be exposed to political persecution in Turkey
in the event of their return. Instead, the Swedish
The complaint
3.1 It is submitted that the Government reached
its decision to expel the author after an inquiry by
the Municipal Court of Stockholm, which allegedly
obtained its information mainly from the Swedish
security police. The author claims that the hearing
before the Court, which took place in camera, was
more like an interrogation than an investigation. A
request for information about the basis of the
suspicions against the nine Kurds was refused on
grounds of national security. The author, who states
that he was never involved in terrorist activities,
claims that he was subjected to a regime of
residence restrictions, although the grounds for this
measure were not disclosed to him, and although he
83
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