DD. Communication Ho. 486/1992. K.C. v. Canada (decision of 29 July 1992. adopted at the forty-fifth session) Submitted bv; K.C. (name deleted) Alleged victim; The author State partvt Canada Date of communication: 24 February 1992 (initial submission) The Human Rights Committee, established under article 28 of the International Covenant on Civil and Political Sights, Meeting on 29 July 1992, Adopts the following: Decision on adpiissibility 1. The author of the communication {dated 24 February 1992) is K.C., a citizen of the Uftited States of America born in 1952/ currently detained at a penitentiary in Montreal and facing extradition to the United States. He claims to be a victim of violations by Canada of articles 6 juncto 26 and 7 of the International Covenant on Civil and Political Rights* Facts as submitted by the author 2.1 On 27 February 1991, the author -was arrested at Laval, Quebec, for theft/ a charge to which he pleaded guilty. While in custody, the judicial authorities received from the United States a request for his extradition, pursuant to the 1976 Extradition Treaty between Canada and the United States. The author is wanted in the State of Pennsylvania on two charges of firstdegree murder, relating to an incident that took place in Philadelphia in 1988, If convicted, the author could face the death penalty. 2.2 Pursuant to the extradition request of the United States Government and in accordance with the Extradition Treaty, the Superior Court of Quebec ordered the author's extradition to the United States. Article 6 of the Treaty provides*. "When the offence for which extradition is requested is punishable by death under the laws of the requesting State and the laws of the requested State do not permit such punishment for that offence/ extradition may be refused unless the requesting State provides such assurances as the requested State considers sufficient that the death penalty shall not be imposed or, if imposed, shall not be executed." Canada abolished the death penalty in 1976, except in the case of certain military offences. 2.3 The power to seek assurances that the death penalty will not be imposed is conferred on the Minister of Justice pursuant to section 25 of the 1985 Extradition Act. -437-