1. The author of the communication is Pierre Giry, a French citizen, formerly a resident of Saint-Barthélemy (Antilles), at present detained at a Federal penitentiary in the United States He is represented by counsel. The complaint 2. The author claims to be the victim of violations by the Government of the Dominican Republic of article 9, paragraphs 1 and 2, articles 12 and 13 in conjunction with articles 2 and 3 of the International Covenant on Civil and Political Rights. He contends in particular that his detention of nearly three hours by the Dominican authorities violated article 9, because he was prevented from taking his intended flight to Saint-Barthélemy, thereby depriving him of his right to liberty of movement under article 12, and that he was subjected to an illegal expulsion contrary to article 13 of the Covenant, since he was deported by force without the benefit of any administrative or judicial procedures. Background 3.1 According to the author, he arrived in the Dominican Republic on 2 February 1985, stayed there for two days and, on 4 February, went to the airport to buy a ticket in order to leave the country on a flight to SaintBarthélemy. Two agents in uniform, either belonging to the Dominican police or to the customs service, took him to the police office at the airport, __________ * The text of a joint individual opinion submitted by Ms. Christine Chanet and Mssrs. Francisco Aguilar Urbina, Nisuke Ando and Bertil Wennergren is appended. where he was subjected to a thorough search. After two hours and forty minutes, he was taken out by a back door leading directly to the runway and made to board an Eastern Airlines plane bound for Puerto Rico. On his arrival in Puerto Rico he was arrested and charged with conspiracy and attempt to smuggle drugs into the United States. 3.2 The author was tried before the United States District Court in San Juan, Puerto Rico, and convicted of the offences of conspiracy to import cocaine into the United States, and of the use of a communication facility, the telephone, to commit the crime of conspiracy. 3.3 On 30 April 1986 he was sentenced to 28 years of imprisonment and fined $250,000. He is serving his term of imprisonment at the Federal Correctional Institution at Ray Brook, New York. 3.4 With respect to the requirement of exhaustion of domestic remedies in the Dominican Republic, the author states that remedies could not be effectively used since he was expelled within three hours of his arrest. 131