Interim measures granted and State party
response
None
Remedy recommended
In pursuance of rule 112, paragraph 5, of its
rules of procedure, the Committee requests
the State party to inform it, within 90 days
from the date of the transmittal of this
decision, of the steps it has taken in response
to the views expressed above. The State party
is also under an obligation to prevent similar
violations in the future.
Due date for State party response
20 August 2005
Date of reply
Latest information 25 May and
5 October 2007 (it had provided a response
on 18 August 2005 - annual report of the
Committee, A/61/44 and 1 September 2006 annual report of the Committee, A/62/44).
State party’s response
The Committee will recall the State party’s
submission on follow-up in which it referred
inter alia to the enactment of a new Aliens Act
and the continual monitoring of the
complainant by staff from the Swedish
Embassy in Cairo. See annual report of the
Committee (A/61/44) for a full account of its
submission.
the complainant’s counsel the following day. As a result, it was impossible for the complainant
to consider the possibility of invoking article 22, let alone seize the Committee. As a result, the
Committee concludes that the State party was in breach of its obligations under article 22 of the
Convention to respect the effective right of individual communication conferred thereunder.
(2) Having addressed the merits of the complaint, the Committee must address the
failure of the State party to cooperate fully with the Committee in the resolution of the current
complaint. The Committee observes that, by making the declaration provided for in article 22
extending to individual complainants the right to complain to the Committee alleging a breach of
a State party’s obligations under the Convention, a State party assumes an obligation to
cooperate fully with the Committee, through the procedures set forth in article 22 and in the
Committee’s rules of procedure. In particular, article 22, paragraph 4, requires a State party to
make available to the Committee all information relevant and necessary for the Committee
appropriately to resolve the complaint presented to it. The Committee observes that its
procedures are sufficiently flexible and its powers sufficiently broad to prevent an abuse of
process in a particular case. It follows that the State party committed a breach of its obligations
under article 22 of the Convention by neither disclosing to the Committee relevant information,
nor presenting its concerns to the Committee for an appropriate procedural decision.
145
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