CCPR/C/119/D/2613/2015
argument that El Salvador has recently taken measures to eliminate gang violence, but that
the impact of those measures remains unknown and that gang-related violence persists.
8.11 In the light of the above, the Committee considers that, when assessing the risk
faced by the author, the State party failed to adequately take into account the totality of the
available information and its cumulative effect, according to which the author would be at
real risk of irreparable harm if removed to El Salvador. In such circumstances, it considers
that the author’s removal to El Salvador would violate articles 6 and 7 of the Covenant.
8.12 Having reached the above conclusion, the Committee decides not to examine
separately the author’s claims under articles 2 (3) and 9 of the Covenant.
9.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that, if implemented, the removal of the author to El Salvador would violate his rights under
articles 6 and 7 of the Covenant.
10.
In accordance with article 2 (1) of the Covenant, which establishes that States parties
undertake to respect and to ensure to all individuals within their territory and subject to
their jurisdiction the rights recognized in the Covenant, the State party is under an
obligation to proceed to a review of the author’s claim, taking into account the State party’s
obligations under the Covenant and the present Views. The Committee requests the State
party to refrain from expelling the author while his request for asylum is being reconsidered.
11.
Bearing in mind that, by becoming a State 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 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 present Views and disseminate them widely in the
official languages of the State party.
violence overwhelms nation”, The Guardian, 6 April 2015; and S. Kinosian, “El Salvador’s Gang
Violence: Turf Wars, Internal Battles and Life Defined by Invisible Borders” (Security Assistance
Monitor, 10 February 2016), available from http://lawg.org/action-center/lawg-blog/69-general/1579el-salvadors-gang-violence-turf-wars-internal-battles-and-life-defined-by-invisible-borders.
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