A/HRC/7/3/Add.1
page 37
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
there is no immediate threat to their health.
Canada refers the Working Group/Special
Rapporteurs to the 15 February 2007 Federal
Court decision involving one of the detainees, Mr.
Mahjoub, in which some of the conditions of
detention, and medical care being provided, are
described. Since the conditions of detention were
only one of the factors considered by the Federal
Court in its decision to release Mr. Mahjoub, it did
not have to choose between the sometimes
conflicting evidence on the subject. For this
reason, Canada refers the Working Group/Special
Rapporteurs to the following passages of the
judgment for information purposes: paragraphs.
36-39 [summary of affidavit of the manager of the
KIHC respecting provision of health care, and Mr.
Mahjoub's health records]; paras. 59-60 and 6366 [summary of Mr. Mahjoub's testimony
concerning his health care]; paras. 76-82
[summary of testimony of nurse in charge of
health care at the KIHC]; paras. 100-102 [judge's
consideration of conditions of detention]. The
Urgent Appeal further refers to the fact that "the
indeterminate nature of confinement and the
denial of access to an independent tribunal,
prolonged over years, might lead to serious
mental health problems and constitute illtreatment in violation of Article 7 of the
International Covenant on Civil and Political
Rights." With respect, Canada objects to the
suggestion that the detainees' confinement is
"indeterminate" and that they have been denied
access to an independent tribunal. The cases of
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