activities, it should have charged him and brought
him to trial. He claims that he never was a member
of the Workers' Party of Kurdistan, that the
restrictions were placed upon him for internal
political reasons and that he never was given the
opportunity to challenge the reasons underlying the
restriction order.
movement may lawfully be restricted for reasons of
national security without allowing appeal against
such decision, the State party notes that article 12
does not contain a right to appeal against a decision
restricting a person's liberty of movement.
7.4 In the present case, the State party submits
that, although the author did not have a possibility of
a formal appeal against the decision, the decision
was in fact open to review. In this context, the State
party recalls that the author was sentenced on several
occasions for not complying with the restriction
order and argues that in order to convict a person and
sentence him, the court has to examine whether the
restrictions were imposed in accordance with
domestic law and assess whether they were imposed
on reasonable grounds. The State party furthermore
indicates that, according to domestic law, the
expulsion order, on which the restriction order was
based, had to be reconsidered by the Government
whenever there was cause to do so. In this context,
the State party emphasizes that the restrictions on the
author's freedom of movement were reviewed
several times, resulting in their complete
abolishment on 11 October 1990.
Examination of the merits
9.1 The Human Rights Committee has considered
the present communication in the light of all the
information made available to it by the parties, as
provided in article 5, paragraph 1, of the Optional
Protocol.
9.2 The Committee notes that the author's
expulsion was ordered on 10 December 1984, but
that this order was not enforced and that the author
was allowed to stay in Sweden, subject to
restrictions on his freedom of movement. The
Committee is of the view that following the
expulsion order, the author was lawfully in the
territory of Sweden, for purposes of article 12,
paragraph 1, of the Covenant, only under the
restrictions placed upon him by the State party.
Moreover, bearing in mind that the State party has
invoked reasons of national security to justify the
restrictions on the author's freedom of movement,
the Committee finds that the restrictions to which the
author was subjected were compatible with those
allowed pursuant to article 12, paragraph 3, of the
Covenant. In this connection, the Committee also
notes that the State party motu proprio reviewed said
restrictions and ultimately lifted them.
7.5 The State party further invokes compelling
reasons of national security, which made it necessary
to restrict the author's freedom of movement without
providing a possibility of appeal and refers in this
context to article 13 of the Covenant, which allows
an exception, when compelling reasons of national
security so require, to the provision that a decision of
expulsion be subjected to review. It concludes,
taking into account that it in fact did review the
restrictions on the author's freedom of movement
several times, that article 12 has not been violated in
Mr. Celepli's case.
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 view that the facts before it do not reveal a
violation by the State party of any of the articles of
the Covenant.
8.
In his comments, dated 30 December 1993,
the author emphasizes that if the State party had
grounds to suspect him of criminal or terrorist
Communication No. 458/1991
Submitted by: Albert Womah Mukong on 26 February 1991 (represented by counsel)
Alleged victim: The author
State party: Cameroon
Declared admissible: 8 July 1992 (forty-fifth session)
Date of adoption of Views: 21 July 1994 (fifty-first session)
Substantive issues: Conditions of detention –
Incommunicado detention – Torture and illtreatment – Right to a fair trial – Permissible
restrictions on freedom of opinion and
expression – Liberty and security of the
person – Freedom of movement
Subject matter: Persecution and harassment of
journalist for political activities by State
party’s authorities
Procedural issues: Exhaustion of effective remedies
– Burden of proof
86
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