Due date for State party response
None
Date of reply
None
State party response
No information provided
Complainant’s response
None
State party
NORWAY
Case
Dar, 249/2004
Nationality and country of removal
if applicable
Pakistani to Pakistan
Views adopted on
11 May 2007
Issues and violations found
Removal - article 22
Interim measures granted and State party
response
Requested but not acceded to by the State
party.11
Remedy recommended
None - State party has already remedied the
breach
Due date for State party response
N/A
11
“The Committee recalls that the State party, by ratifying the Convention and voluntarily
accepting the Committee’s competence under article 22, undertook to cooperate with the
Committee in good faith in applying and giving full effect to the procedure of individual
complaints established thereunder. The Committee also notes that the Convention (art. 18) vests
it with competence to establish its own rules of procedure which become inseparable from the
Convention to the extent they do not contradict it. In this case, rule 108 of the rules of procedure
is specifically intended to give meaning and scope to articles 3 and 22 of the Convention, which
otherwise would only offer asylum-seekers invoking a serious risk of torture a merely theoretical
protection. By failing to respect the request for interim measures made to it, and to inform the
Committee of the deportation of the complainant, the State party committed a breach of its
obligations of cooperating in good faith with the Committee, under article 22 of the Convention.
However, in the present case, the Committee observes that the State party facilitated the safe
return of the complainant to Norway on 31 March 2006, and that the State party informed the
Committee shortly thereafter, on 5 April. In addition, the Committee notes that the State party
has granted the complainant a residence permit for 3 years. By doing so, it has remedied the
breach of its obligations under article 22 of the Convention.”
125
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