CCPR/C/127/D/2728/2016
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
23 September 2020
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication
No. 2728/2016*, **, ***
Communication submitted by:
Ioane Teitiota (represented by counsel, Michael J.
Kidd)
Alleged victim:
The author
State party:
New Zealand
Date of communication:
15 September 2015 (initial submission)
Document references:
Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to
the State party on 16 February 2016 (not issued
in document form)
Date of adoption of Views:
24 October 2019
Subject matter:
Deportation to Kiribati
Procedural issues:
Admissibility – manifestly ill-founded;
admissibility – victim status
Substantive issue:
Right to life
Article of the Covenant:
6 (1)
Articles of the Optional Protocol:
1 and 2
1.1
The author of the communication is Ioane Teitiota, a national of Kiribati born in the
1970s. His application for refugee status in New Zealand was rejected. He claims that the
State party violated his right to life under the Covenant by removing him to Kiribati in
September 2015. The Optional Protocol entered into force for the State party on 26 August
1989. The author is represented by counsel.
1.2
On 16 February 2016, pursuant to rule 94 of its rules of procedure, the Committee,
acting through its Special Rapporteur on new communications and interim measures,
decided not to request the State party to refrain from removing the author to Kiribati while
the communication was under consideration by the Committee.
* Adopted by the Committee at its 127th session (14 October–8 November 2019).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Arif Bulkan, Ahmed Amin
Fathalla, Shuichi Furuya, Christof Heyns, Bamariam Koita, Marcia V.J. Kran, Duncan Laki
Muhumuza, Photini Pazartzis, Hernán Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais,
Yuval Shany, Hélène Tigroudja, Andreas Zimmermann and Gentian Zyberi.
*** Individual opinions by Committee members Duncan Laki Muhumuza and Vasilka Sancin (dissenting)
are annexed to the present Views.
GE.20-12361(E)