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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