APPENDIX Individual opinion submitted by Ms. Christine Chanet and Mssrs. Francisco Aguilar Urbina, Nisuke Ando and Bertil Wennergren pursuant to rule 94, paragraph 3, of the Committee's rules of procedure, concerning the views of the Committee on communication No. 193/1985, Giry v. Dominican Republic [Original: French] In the view of the four signatories of this separate opinion, the communication should be considered in relation to articles 9 and 12 of the Covenant and not to article 13. It appears from the information available to the Committee at the time when it took its decision that the arrest of Mr. Giry after he had been on the territory of the Dominican Republic for two days, his detention at the airport and his forcible transfer to the aeroplane of a foreign State to which he was handed over forthwith and against his will, should be regarded as an act of violence. This concept of administrative law is defined as a decision not capable of being related to an act falling within the competence of the administration. In the present case, the Dominican Republic was not able to produce or refer to any administrative act ordering the expulsion or extradition of Mr. Giry before or after his arrest at the airport. Had there been an administrative act, even an irregular one, this might have been a case of expulsion falling within the scope of article 13. In the absence of such an act, identifiable, inter alia, by its date, by the authority taking the decision and by its nature, it appears to the signatories that the arrest of Mr. Giry and his enforced boarding of an Eastern Airlines flight when he wished to travel to Saint-Barthélemy constitute unlawful and arbitrary arrest within the meaning of article 9, paragraph 1, of the Covenant. Furthermore, since the arbitrary arrest involved not only depriving the author of his liberty but also, and more particularly, preventing him from travelling to another country of his choice and since he was obliged, against his will, to take a flight other than the one which he would have taken, the arrest in question also constitutes, in our opinion, a violation of article 12 of the Covenant. Christine Chanet Francisco Aguilar Urbina Nisuke Ando 134