However, I consider that the Committee engages in questionable discussion when, in paragraph 16.3, it assesses the suffering caused by cyanide gas and takes into consideration the duration of the agony, which it deems unacceptable when it lasts for over 10 minutes. with its role as a body monitoring an international human rights instrument. Should it be concluded, conversely, that the Committee would find no violation of article 7 if the agony lasted nine minutes? A strict interpretation of article 6 along the lines I have set out previously which would exclude any "authorization" to maintain or restore the death penalty, would enable the Committee to avoid this intractable debate on the ways in which the death penalty is carried out in the States parties. By engaging in this debate, the Committee finds itself obliged to take positions that are scarcely compatible [French original] Communication No. 470/1991 Submitted by: Joseph Kindler on 25 September 1991 (represented by counsel) Alleged victim: The author State party: Canada Declared inadmissible: 31 July 1992 (forty-fifth session) Date of adoption of Views: 30 July 1993 (forty-eighth session)* 2.2 Article 6 of the 1976 Extradition Treaty between Canada and the United States provides: Subject matter: Extradition of author by State to another jurisdiction where author faces the death penalty "When the offence for which extradition is requested is punishable by death under the laws of the requesting State and the laws of the requested State do not permit such punishment for that offence, extradition may be refused unless the requesting State provides such assurances as the requested State considers sufficient that the death penalty shall not be imposed or, if imposed, shall not be executed". Procedural issues: Non-compliance with the Committee’s request for interim measures of protection – Court’s evaluation of facts and evidence – Lack of substantiation of claim – Travaux préparatoires Substantive issues: Right to life – Torture and inhuman treatment – Extradition to face the death penalty Canada abolished the death penalty in 1976, except in the case of certain military offences. Articles of the Covenant: 2, 6, 7, 9, 10, 13, 14 and 26 Article of the Optional Protocol: 2 2.3 The power to seek assurances that the death penalty will not be imposed is conferred on the Minister of Justice pursuant to section 25 of the 1985 Extradition Act. On 17 January 1986, after hearing the author's counsel, the Minister of Justice decided not to seek these assurances. 1. The author of the communication is Joseph Kindler, a citizen of the United States of America, born in 1961, at the time of his submission detained in a penitentiary in Montreal, Canada, and on 26 September 1991 extradited to the United States. He claims to be a victim of a violation of articles 6, 7, 9, 10, 14 and 26 of the International Covenant on Civil and Political Rights. He is represented by counsel. 2.4 The author filed an application for review of the Minister's decision with the Federal Court, which dismissed the application in January 1987. The author's appeal to the Court of Appeal was rejected in December 1988. The matter then came before the Supreme Court of Canada, which decided on 26 September 1991 that the extradition of Mr. Kindler would not violate his rights under the Canadian Charter of Human Rights. The author was extradited on the same day. Facts as submitted by the author 2.1 In November 1983 the author was convicted in the State of Pennsylvania, United States, of first degree murder and kidnapping; the jury recommended the death sentence. According to the author, this recommendation is binding on the court. In September 1984, prior to sentencing, the author escaped from custody. He was arrested in the province of Quebec in April 1985. In July 1985 the United States requested and in August 1985 the Superior Court of Quebec ordered his extradition. Complaint 3. The author claims that the decision to extradite him violates articles 6, 7, 9, 14 and 26 of the Covenant. He submits that the death penalty per se constitutes cruel and inhuman treatment or punishment, and that conditions on death row are 113