ICCPR Case Digest

CCPR/C/125/D/3041/2017

Communication

3041/2017

Submission: 2017.11.07

View Adopted: 2019.03.19

BDK v. Canada

Allegations of ill-treatment if deported to Angola, considered proportionate to legitimate trim pursued

Substantive Issues
  • Arbitrary arrest
  • Arbitrary detention
  • Right to family
  • Rights of the child
  • Torture / ill-treatment
Relevant Articles
  • Article 17
  • Article 2 - OP1
  • Article 23
  • Article 24
  • Article 5.2 (b) - OP1
  • Article 6
  • Article 7
  • Article 9
Full Text

Facts

The author is a DRC national who submitted on her behalf and on behalf of her two children. The author's husband previously worked as a cook for the National Agency of Intelligence in the DRC. Following the assassination of the Preseident of the DRC, Laurent Désiré Kabila, the author's husband was questioned and accused of being complicit in the murder, and immediately fled to Angola. 

The author claims that the deportation of herself and her children to Angola would present a real risk of being sent back to the DRC, which would subject her to persecution by security forces as part of an ongoing unfounded suspicion. 

Merits

The Human Rights Committee, acting under article 5 (4) of the Optional Protocol, is of the view that the facts before it do not permit it to conclude that the author’s expulsion to Angola would, if implemented, violate the author’s rights under articles 6 (1), 7, 17 and 23 and 24 (1) of the Covenant or those of her children. The Committee found that the domestic authorities' decision to deport the family had been assessed and is proportionate to the legitimate aim pursued.

Separate Opinions

Separate opinion of Mr. José Santos Pais (dissenting)

  • Committee member Mr. José Santos Pais issued a separate opinion, criticising the Committee for not appropriately assessing the rights of the children, and in particular their vulnerability and mental health at a young age.
  • Santos Pais considered that the deportation order is not proportionate and would violate the author's and her children's rights under articles 17(1), 23(1), and 24(1) of the Covenant.

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