University of Minnesota




E. B. v. S, Communication No. 29/1978, U.N. Doc. CCPR/C/OP/1 at 39 (1984).


 

Communication No. 29/1978
Submitted by: E. B. on 7 April 1978
Alleged victim: B (author's brother)
State party: S
Date of decision: 29 October 1980 (eleventh session)

Request to author for specific information to enable Committee to formulate views

Interim decision

The Human Rights Committee,

Noting the information submitted by the State party on 4 July 1980 explaining that B was released from detention on 5 January 1980 and expelled from S on 24 February 1980 bound for Spain,

Recalling that the communication was initially submitted to the Committee at a time when the alleged victim was detained in S,

Decides:

1. That the author of the communication be requested to confirm that his brother, B, was expelled from S, that he is living outside that country and that he wishes the Committee to pursue the matter;

2. That subject to the confirmation sought in operative paragraph 1, the alleged victim be requested to acquaint himself with the contents of the submissions previously made on his behalf and the submissions made by the State party, with a view to:

(a) correcting any inaccuracies which he may find in the submissions made on his behalf,

(b) commenting as he deems relevant on the submissions of the State party, and

(c) adding any further information which he may wish to place before the Human Rights Committee for consideration in his case;

3. That any submissions from the author of the communication or from the alleged victim pursuant to operative paragraphs I and 2 above should reach the Human Rights Committee, in care of the Division of Human Rights, United Nations Office at Geneva, within two months of the transmittal of this decision to the author of the communication;

4. That any information or observations received from the author of the communication or from the alleged victim pursuant to this decision be transmitted to the State party;

5. That, subject to the receipt of confirmation from the author of the communication or from the alleged victim to the effect that they wish the Committee to pursue the matter, the State party be. requested to fulfil its obligation under article 4 (2) of the Optional Protocol, by supplementing its prior submission of 4 July 1980 in the manner set out in operative paragraph 4 of the Committee's decision on 14 August 1979;

6. That any submission from the State party pursuant to operative paragraph 5 of the present decision should reach the Human Rights Committee within two months of the date of transmittal to it of information or observations pursuant to paragraph 4 of the present decision;

7. That pursuant to rule 93 (3) of the Committee's rules of procedure, the author of the communication and/or the alleged victim be allowed six weeks to comment on any submission from the State party;

8. That this decision be communicated to the State party and to the author of the communication.



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