A/HRC/19/43
highlighted that freedom to leave the territory of a State may not be made dependent on any
specific purpose or on the period of time the individual chooses to stay outside the
country.13 The Committee has, therefore, expressed concern about certain practices that
limit the right of non-citizens to leave their country of residence. For instance, the
Committee has indicated that the requirement for non-citizens to obtain exit visas
constitutes a violation of article 12 of the Covenant. 14
12.
Furthermore, the Human Rights Committee has stated that the right of the individual
to leave a country also implies the right to determine the State of destination and that this
right should not be restricted to persons lawfully within the territory of a State. The
Committee has further stated that a non-citizen who is expelled must be allowed to leave
for any country that agrees to take him. 15 Article 13 of the Covenant further regulates the
issue of expulsion and provides that non-citizens lawfully in the territory of a State may be
expelled only in pursuance of a decision reached in accordance with the law. According to
the Human Rights Committee, this provision is applicable to all procedures aimed at the
obligatory departure of a non-citizen lawfully in the territory of the State, whether
described in national law as expulsion or otherwise. Therefore, national legislation
concerning the requirements for entry and stay must be taken into account in determining
the scope of that protection, and non-citizens who are not legally in the territory of the
State, or have stayed longer than the law or their permits allow, are not covered by this
provision.16
13.
However, States may not expel a non-citizen to a State in which there is a risk of
being subject to torture or ill-treatment. For instance, the Human Rights Committee has
expressed concern about reports of extraditions and informal transfers of non-citizens to
countries in which the practice of torture is alleged. The Committee stated that States
should ensure that no individual, including persons suspected of terrorism, who is
extradited, is exposed to the danger of torture or cruel, inhuman or degrading treatment or
punishment and that States should exercise the utmost care in the use of diplomatic
assurances.17
C.
Right to liberty
14.
Persons who have been arbitrarily deprived of their nationality may also face
violations of the right to liberty provided for in article 9 of the International Covenant on
Civil and Political Rights, according to which no one shall be subject to arbitrary arrest or
detention, and that procedures to deprive a person of his liberty shall be established in the
law.
15.
The Working Group on Arbitrary Detention has stated that detention is a direct
response to the irregular status of the person within a State or to a lack of identity
documentation that may itself also be a direct consequence of arbitrary deprivation of
nationality. According to the Working Group, statistics indicate that in some countries, the
number of non-citizens in administrative detention exceeds the number of sentenced
13
14
15
16
17
6
General comment No. 27, para. 8.
Human Rights Committee, concluding observations: Gabon (CCPR/CO/70/GAB), para. 16;
Democratic People’s Republic of Korea (CCPR/CO/72/PRK), para. 20.
General comment No. 15, paras. 8-9.
Ibid., para. 9.
Human Rights Committee, concluding observations: Russian Federation (CCPR/C/RUS/CO/6 and
Corr. 1), para. 17; Sweden (CCPR/CO/74/SWE), para. 12; Ukraine (CCPR/C/UKR/CO/6), para. 9;
Uzbekistan (CCPR/CO/83/UZB), para. 12.