the Committee's decision
communication No. 236/1987.1
was not given an opportunity to prove his
innocence and to defend himself before an
independent and impartial tribunal. Moreover, he
claims that he was not afforded the right to a
review of the Government's decision. He
emphasizes that he was never charged with a crime.
with
regard
to
4.5 The State party argues that article 9 of the
Covenant, which protects the right to liberty and
security of the person, prohibits unlawful arrest and
detention, but does not apply to mere restrictions on
liberty of movement, which are covered by
article 12. The State party argues that the restrictions
on his freedom of movement were not so severe that
his situation could be characterized as a deprivation
of liberty within the meaning of article 9 of the
Covenant. Moreover, the author was free to leave
Sweden to go to another country of his choice. The
State party therefore contends that this part of the
communication is not substantiated and should be
declared inadmissible.
3.2 The author further alleges that he and his
family have been harassed by the Swedish security
police, and that they have been isolated and
discriminated against in their municipality because
the Government and the media have labelled them as
terrorists. The author also states that his health has
deteriorated and that he suffers from a "posttraumatic stress disorder" owing to his experiences
with the Swedish authorities.
3.3 Although the author does not invoke any
specific articles of the Covenant, it appears from his
submission that he claims to be a victim of a
violation by Sweden of articles 7, 9, 12, 13 and 17 of
the International Covenant on Civil and Political
Rights.
4.6 With regard to the author's claim that he is a
victim of a violation of article 12 of the Covenant,
the State party submits that the freedom of
movement protected by this article is subject to the
condition that the individual is "lawfully within the
territory of a State". The State party contends that
the author's stay in Sweden, after the decision was
taken to expel him on 10 December 1984, was only
lawful within the boundaries of the Haninge
municipality and later, after 31 August 1989, within
the boundaries of the county of Stockholm. The
State party argues that the author's claim under
article 12 is incompatible with the provisions of the
Covenant, since the author can only be regarded as
having been lawfully in the country to the extent that
he complied with the restrictions imposed upon him.
The State party's observations and the author's
comments thereon
4.1 By a submission dated 7 October 1991, the
State party argues that the communication is
inadmissible on the grounds of non-substantiation
and incompatibility with the provisions of the
Covenant.
4.2 The State party submits that the restrictions
placed upon the author were in conformity with
the 1980 Aliens Act, article 48 (1) of which read:
"Where it is required for reasons of national security,
the Government may expel an alien or prescribe
restrictions and conditions regarding his place of
residence, change of domicile and employment, as
well as duty to report". In July 1989, this Act was
replaced by the 1989 Aliens Act. According to a
recent amendment to this Act, the possibility to
prescribe an alien's place of residence no longer
exists. The State party emphasizes that the measures
against aliens suspected of belonging to terrorist
organizations were introduced in 1973 as a reaction
to increased terrorist activities in Sweden; they were
only applied in exceptional cases, where there were
substantial grounds to fear that the person in
question played an active role in planning or
executing terrorist activities.
4.7 Moreover, the State party invokes article 12,
paragraph 3, which provides that restrictions may be
imposed upon the enjoyment of rights under
article 12, if they are provided by law and necessary
for the protection of national security and public
order, as in the present case. The State party argues
therefore that these restrictions are compatible with
article 12, paragraph 3, and that the author's claim is
unsubstantiated within the meaning of article 2 of the
Optional Protocol. In this connection, the State party
refers to the Committee's decision declaring
communication No. 296/1988 inadmissible.2
4.8 With regard to article 13 of the Covenant, the
State party argues that the decision to expel the
author was reached in accordance with the relevant
domestic law. In this context, the State party refers
4.3 The State party submits that on 31 August
1989, a decision was taken to allow the author to
stay within the boundaries of the whole county of
Stockholm; his obligation to report to the police was
reduced to once a week. On 5 September 1991, the
expulsion order against the author was revoked.
1
Official Records of the General Assembly, Forty-third
Session, Supplement No. 40 (A/43/40), annex VIII.F,
V.M.R.B. v. Canada, declared inadmissible on
18 July 1988.
2
Ibid., Forty-fourth Session, Supplement No. 40
(A/44/40), annex XI.G, J.R.C. v. Costa Rica, declared
inadmissible on 30 March 1989.
4.4 The State party argues that a right to asylum
is not protected by the Covenant and refers to
84
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