Remedy recommended
Given the specific circumstances of the case,
the deportation of the complainant and her
daughter would amount to a breach of
article 3 of the Convention. The Committee
wishes to be informed, within 90 days, from
the date of the transmittal of this decision, of
the steps taken in response to the views
expressed above.
Due date for State party response
15 August 2005
Date of reply
17 August 2005 (was not received by
OHCHR, so resent by the State party on
29 June 2006).
State party response
On 20 June 2005, the Board decided to revoke
the expulsion decision regarding the
complainant and her daughter and to grant
them residence permits.
Complainant’s response
None
Committee’s decision
No further consideration under the follow-up
procedure as the State party has complied
with the Committee’s decision.
Case
Agiza, 233/2003
Nationality and country of removal
if applicable
Egyptian to Egypt
Views adopted on
20 May 2005
Issues and violations found
Removal - articles 3 (substantive and
procedural violations) on two counts and 22
on two counts.13
13
(1) The Committee observes, moreover, that by making the declaration under article 22
of the Convention, the State party undertook to confer upon persons within its jurisdiction the
right to invoke the complaints’ jurisdiction of the Committee. That jurisdiction included the
power to indicate interim measures, if necessary, to stay the removal and preserve the subject
matter of the case pending final decision. In order for this exercise of the right of complaint to be
meaningful rather than illusory, however, an individual must have a reasonable period of time
before execution of a final decision to consider whether, and if so to in fact, seize the Committee
under its article 22 jurisdiction. In the present case, however, the Committee observes that the
complainant was arrested and removed by the State party immediately upon the Government’s
decision of expulsion being taken; indeed, the formal notice of decision was only served upon
144
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