Merits

The Committee, acting under article 5 (4) of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that, by removing the author and his minor son to China, the State party would violate their rights under article 7 of the Covenant.

Recommendations

The State party is under an obligation to provide the author with an effective remedy by proceeding to a review of the decision to forcibly remove him and his son to China, taking into account the State party’s obligations under the Covenant, and the Committee’s present Views. The State party is also requested to refrain from expelling the author and his son while their request for asylum is being reconsidered.

Implementation

The Committee wishes to receive from the State party, within 180 days, information about the measures taken to give effect to the Committee’s Views

DATE: 26 SEPTEMBER 2018

Committee's assessment 127th session (CCPR/C/127/3):

• (a) Review the decision of deportation: A;
• (b) Refrain from expelling the author and his son while their request for asylum is being reconsidered: A.

Committee’s decision: Close the follow-up dialogue, with a note of satisfactory implementation of the Committee’s recommendation.