CCPR/C/121/D/2471/2014
use of different forms of torture and ill-treatment in detention in the Islamic Republic of
Iran, with the principal aim of extracting confessions. The Committee considers that the
State party has not taken adequate measures to ensure that the author would not face a real
risk of torture in prison if expelled to the Islamic Republic of Iran and subsequently arrested
on charges of murder, especially if those charges have a national security dimension. The
Committee thus finds that the State party would be in violation of article 7 of the Covenant
if it were to expel the author to the Islamic Republic of Iran.
10.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the State party would be in violation of articles 6 and 7 of the Covenant if it were to
expel the author to the Islamic Republic of Iran.
11.
In accordance with article 2 (1) of the Covenant, which establishes that States parties
undertake to respect and to ensure to all individuals within their territory and subject to
their jurisdiction the rights recognized in the Covenant, the State party is under an
obligation to proceed to a review of the author’s claim, taking into account the State party’s
obligations under the Covenant and the Committee’s present Views. The State party is also
requested to refrain from expelling the author to the Islamic Republic of Iran while his
request for asylum is being reconsidered.8
12.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the Covenant, the Committee wishes to receive from the State party,
within 180 days, information about the measures taken to give effect to the present Views.
The State party is also requested to publish the present Views and to have them translated
in the official language of the State party and widely distributed.
8
8
physical and mental torture or ill-treatment to coerce confessions (mostly during pretrial detention),
prolonged periods of solitary confinement and denial of access to proper and necessary medical
treatment for detainees.
See for example, communication No. 2409/2014, Abdilafir Abubakar Ali et al v. Denmark, Views
adopted on 29 March 2016, para. 9, and communication No. 2379/2014, Obah Hussein Ahmed v.
Denmark, Views adopted on 7 July 2016, para. 15.