5.3 The Committee has considered the present communication in the light of all the information provided by the
parties. It observes that, although the communication concerns an individual suspected of involvement in serious
crimes, and later convicted of having perpetrated the very same offences, his rights under the Covenant must be
respected.
5.4 The Committee has noted that the author has invoked a number of provisions of the Covenant, which he
alleges to have been violated in his case. The Committee observes, however, that the facts as placed before it,
basically raise issues under article 13 of the Covenant. It will limit itself to those issues.
5.5 The State party initially submitted that the author was deported from Dominican territory on the basis of an
extradition treaty between the Dominican Republic and the United States of America. The State party has also
referred to the action as expulsion. Regardless of whether the action against the author is termed extradition or
expulsion, the Committee confirms, as it has done in its general comments on the provision in question,1 that
"expulsion" in the context of article 13 must be understood broadly and observes that extradition comes within the
scope of the article, which provides:
An alien lawfully in the territory of a State party to the present Covenant may be expelled therefrom only in pursuance
of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require,
be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose
before, the competent authority or a person or persons especially designated by the competent authority.
The Committee notes that, while the State party has specifically invoked the exception based on reasons of
national security for the decision to force him to board a plane destined for the jurisdiction of the United States of
America, it was the author's very intention to leave the Dominican Republic of his own volition for another
destination. In spite of several invitations to do so, the State party has not furnished the text of the decision to remove
the author from Dominican territory or shown that the decision to do so was reached "in accordance with law" as
required under article 13 of the Covenant. Furthermore, it is evident that the author was not afforded an opportunity,
in the circumstances of the extradition, to submit the reasons against his expulsion or to have his case reviewed by
the competent authority. While finding a violation of the provisions of article 13 in the specific circumstances of Mr.
Giry's case, the Committee stresses that States are fully entitled to protect their territory vigorously against the
menace of drug dealing by entering into extradition treaties with other States. But practice under such treaties
must
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1
"[Article 13] is applicable to all procedures aimed at the obligatory departure of an alien, whether described in
national law as expulsion or otherwise". (Official Records of the General Assembly, Forty-first Session, Supplement No. 40
(A/41/40), Annex VI, paragraph 9).
comply with article 13 of the Covenant, as indeed would have been the case, had the relevant Dominican law
been applied in the present case.
6. 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 as presented disclose violations of
article 13 of the International Covenant on Civil and Political Rights and that the State party has an obligation to
ensure that similar violations do not occur in the future.
133
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