The State party's observations
4.1 By note of 24 June 1988, the State party informed the Committee
that Mr. Pierre Giry was deported from the Dominican Republic to the United States of America on the basis of the
extradition treaty existing between the two nations and by virtue of the internal law on extradition No. 489 of 22 October 1969".
The State party further observed that "in response to this procedure Mr. Giry should have exhausted the remedies provided for
under Dominican legislation before seizing the Committee with the case.
4.2 In a further submission dated 8 June 1990, the State Party contends that in respect of the alleged violation of
article 9 of the Covenant, the provision is inapplicable to the particular circumstances of the case, since the
Dominican authorities had no intention to arrest Mr. Giry and to detain him on Dominican territory; their intention
was merely to expel him from Dominican territory. The brief period that he spent at the airport prior to the departure
of the flight for Puerto Rico could not be deemed to be a "detention" within the meaning of article 9. If it were to be
considered as such, then the State party argues that it was neither arbitrary nor illegal, since Mr. Giry was
internationally sought on charges of drug trafficking. His name had appeared on a list of the United States Drug
Enforcement Agency, with which Dominican authorities cooperate in the spirit of international cooperation in the
struggle against drug trafficking.
4.3 With respect to the alleged violation of article 13 of the Covenant, the State party contends that there is no
violation and invokes that part of the provision that permits summary expulsions where compelling reasons of
national security require. It is stated that Mr. Giry constituted a national security danger for the Dominican Republic,
which, as any sovereign State, is entitled to take the necessary steps to protect national security, public order, and
public health and morals.
4.4 The State party further argues that its actions must be understood in the context of the international efforts.
to apprehend persons involved in the illegal traffic of drugs, which must be seen as an international crime subject to
universal jurisdiction.
Issues and proceedings before the Committee
5.1 When considering the communication at its thirty-third session, the Committee concluded, on the basis of
the information before it, that the conditions for declaring the communication admissible had been met and that it
raised issues under the Covenant that should be examined on the merits. The author had not submitted the matter for
examination elsewhere and there were no effective remedies available in the Dominican Republic which the author
could or should have pursued.
5.2 On 11 July 1988, the Committee declared the communication admissible and invited the State party to make
its written submission on the merits of the case, in accordance with article 4, paragraph 2, of the Optional Protocol,
not later than 26 February 1989. The State party was further requested to forward to the Committee the text of Law
No. 489 on extradition, a copy of the decision to extradite Mr. Giry as well as the text of the relevant laws and
regulations governing the expulsion of aliens. Under cover of a note dated 5 October 1989, the State party forwarded
a copy of law No. 489. By telefax dated 10 July 1990, the State party asked for additional time in order to furnish
other documentation. The Committee understands this request as pertaining to the State party's stated intention of
furnishing the records of the United States District Court in Puerto Rico in the court case against the author. It deems
it unnecessary, however, to have access to such court records for the consideration of the issues before it.
132
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