CCPR/C/127/D/2728/2016
years, as suggested by the author, could allow for intervening acts by Kiribati, with the
assistance of the international community, to take affirmative measures to protect and,
where necessary, relocate its population. The Committee notes that the State party’s
authorities thoroughly examined that issue and found that Kiribati was taking adaptive
measures to reduce existing vulnerabilities and build resilience to climate change-related
harms. Based on the information made available to it, the Committee is not in a position to
conclude that the domestic authorities’ assessment that the measures taken by Kiribati
would suffice to protect the author’s right to life under article 6 of the Covenant was clearly
arbitrary or erroneous in that regard, or amounted to a denial of justice.
9.13 In the light of those findings, the Committee considers that the State party’s courts
provided the author with an individualized assessment of his need for protection and took
note of all of the elements provided by the author when evaluating the risk he faced when
the State party removed him to Kiribati in 2015, including the prevailing conditions in
Kiribati, the foreseen risks to the author and the other inhabitants of the islands, the time
left for the authorities of Kiribati and the international community to intervene and the
efforts already under way to address the very serious situation of the islands. The
Committee considers that, while the author disagrees with the factual conclusions of the
State party, the information made available to it does not demonstrate that the conduct of
the judicial proceedings in the author’s case was clearly arbitrary or amounted to a manifest
error or denial of justice, or that the courts otherwise violated their obligation of
independence and impartiality.
9.14 Without prejudice to the continuing responsibility of the State party to take into
account in future deportation cases the situation at the time in Kiribati and new and updated
data on the effects of climate change and rising sea levels thereupon, the Committee is not
in a position to hold that the author’s rights under article 6 of the Covenant were violated
upon his deportation to Kiribati in 2015.
10.
The Human Rights Committee, acting under article 5 (4) of the Optional Protocol, is
of the view that the facts before it do not permit it to conclude that the author’s removal to
Kiribati violated his rights under article 6 (1) of the Covenant.
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