CCPR/C/79/D/910/2000
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legislative, administrative and judicial. Moreover, the possibility that the author may have
dual nationality is of no importance, since, as also mentioned in the General Comment, “the
scope of ‘his own country’ is broader than that of ‘his own nationality’. Thus the persons
entitled to exercise this right can be identified only by interpreting the meaning of the phrase
‘his own country’”, which gives recognition to a person’s special links with that country.
13.
The Human Rights Committee is of the view that the original grievances suffered by
the author in Togo in 1985-1987 have a continuing effect in that they prevent him from
returning in safety to his own country. Consequently, there has been a violation of article 12,
paragraph 4, of the Covenant, read in conjunction with articles 7, 9, 10 and 14.
14.
In accordance with article 2, paragraph 3 (a), of the Covenant, the Committee
considers that the author is entitled to an effective remedy.
15.
Bearing in mind that, by becoming a party to the Optional Protocol, the State has
recognized the competence of the Committee to determine whether there has been a violation
of the Covenant or not and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory or subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable remedy when a
violation has been established, the Committee wishes to receive from the State party, within
90 days, information about the measures taken to give effect to the Committee’s Views. The
State party is also requested to publish the Committee’s Views.
(Signed): Hipólito Solari-Yrigoyen
4 December 2003
[Adopted in English, French and Spanish, the Spanish text being the original version.
Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s
annual report to the General Assembly.]
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