View Adopted: 2019.03.19
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.
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 opinion of Mr. José Santos Pais (dissenting)