CCPR/C/113/D/2091/2011
11.
The Committee, acting under article 5 (4) of the Optional Protocol to the Covenant,
is of the view that the author’s deportation to Jamaica violated his rights under article 7 of
the Covenant.
12.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the author with effective remedy. The State party is under an
obligation to make reparation to the author, by allowing him to return to Canada if he so
wishes, and to provide adequate compensation to the author. The State party is also under
an obligation to avoid similar violations in the future.
13.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant or not and that, pursuant to article 2 of the Covenant, the State
party has undertaken to ensure to all individuals within its territory and subject to its
jurisdiction the rights recognized in the Covenant, the Committee wishes to receive from
the State party, within 180 days, information about the measures taken to give effect to its
Views. The State party is also requested to publish the Committee’s Views.
15
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