CCPR/C/119/D/2681/2015
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the deportation of the authors and their four children to Italy, without proper
assurances, would violate their rights under article 7 of the International Covenant on Civil
and Political Rights.
9.
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 claim of the authors, taking into account the State
party’s obligations under the Covenant, the Committee’s present Views and the need to
obtain proper assurances from Italy, as set out in paragraph 7.9 above. The State party is
also requested to refrain from expelling the authors and their four children to Italy while
their request for asylum is being reconsidered. 29
10.
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 or not 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, and to provide an effective and
enforceable remedy in case a violation has been established, 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 widely disseminated in its official language.
29
See, for example, Abdilafir Abubakar Ali et al v. Denmark (see footnote 20 above), para.9; and Obah
Hussein Ahmed v. Denmark (see footnote 11 above), para. 15.
13