CCPR/C/116/D/2402/2014
Annex II
Individual opinion of Committee member Olivier de Frouville
(dissenting)
[Original: French]
I wish to associate myself with the arguments put forward by my colleague Mr.
Yadh Ben Achour in his dissenting opinion. For all the reasons he explained, I disagree
with the decision taken by the Committee in this case. Like Mr. Ben Achour, I consider that
the communication should have been declared admissible and that the Committee should
have found on the merits that there would be a risk of irreparable harm in violation of
article 7 if the authors were deported to Italy. In addition, it is difficult to understand what
distinguishes this case from not only the case of Jasin et al. v. Denmarka but also that of Ali
et al. v. Denmark.b As the Committee indicated in both those Views, in this type of case,
Denmark needs to establish a proper procedure for seeking adequate assurances from the
Italian authorities that the authors will be received in conditions compatible with the
requirements under article 7 of the Covenant.
a
b
GE.16-10167
Communication No. 2360/2014, Jasin et al. v. Denmark, Views adopted on 22 July 2015.
Communication No. 2409/2014, Ali et al. v. Denmark, Views adopted on 29 March 2016.
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