Remedy recommended
To remedy the violation of article 3 and to
consult with the Tunisian authorities on the
whereabouts and state of well-being of the
complainant.
Due date for State party response
13 August 2007
Date of reply
15 August 2007
State party response
Following several requests for information
made by the State party, the Tunisian
authorities indicated that the complainant had
not been disturbed since his arrival in Tunisia
on 7 August 2006 and that no legal action had
been initiated against him. He lives with his
family in Testour, Beja Governorate. The
State party monitors the situation of the
complainant and is trying to verify the
information provided by the Tunisian
authorities.
Complainant’s response
Not yet received
Committee’s decision
The Committee considers the dialogue
ongoing.
State party
THE NETHERLANDS
Case
Ali Jeljeli, 91/1997
Nationality and country of removal
if applicable
Tunisian to Tunisia
Views adopted on
13 November 1998
Issues and violations found
Removal - article 3
Interim measures granted and State party
response
Requested and acceded to by the State party.
Remedy recommended
The State party has an obligation to refrain
from forcibly returning the complainant to
Tunisia or to any other country where he runs
a real risk of being expelled or returned to
Tunisia.
Committee with a fait accompli, the State party not only failed to demonstrate the good faith
required of any party to a treaty, but also failed to meet its obligations under articles 3 and 22 of
the Convention.
124
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