CCPR/C/117/D/2378/2014
merits separately from parallel claims under articles 6 and 7. The Committee similarly has
recognized non-refoulement claims under article 9 as potentially admissible.5
7.
We therefore do not read paragraph 7.5 as foreclosing the possibility that an author
may validly advance a claim that he or she would face a real risk of irreparable harm for
violations under articles 17 and 24 or of other Covenant rights. Certainly, at least where
such a claim would involve harms that might also constitute irreparable harm regarding the
right to life under article 6 or torture or cruel, inhuman or degrading treatment or
punishment under article 7, such a claim should, if adequately substantiated, be admissible
and subject to resolution on the merits, in conjunction with a violation of one or both of
those articles.
5
14
See communication No. 2443/2014, S.Z. v. Denmark, Views adopted in June 2016, para. 8.4,
declaring the author’s claim under article 9 regarding risk of arbitrary detention post-deportation as
inadmissible for lack of sufficient substantiation; see also the Committee’s general comment No. 35
(2014) on liberty and security of person, para. 57, which reads as follows: “Returning an individual to
a country where there are substantial grounds for believing that the individual faces a real risk of a
severe violation of liberty or security of person such as prolonged arbitrary detention may amount to
inhuman treatment prohibited by article 7 of the Covenant.”
GE.17-20685