Giry v. Dominican Republic, UN Human Rights Committee (1990)

The author of the communication is Pierre Giry, a French citizen was detained at a Federal penitentiary in the United States. Applying to the Committee, Mr. Giry claimed that Dominican Republic had violated his rights enshrined under Article 9, paragraphs 1 and 2, Article 12, and Article13 of the Covenant by keeping him in the police unit of the airport for nearly three hours. After he was taken to Puerto Rico, where he was arrested and charged with conspiracy and attempt to smuggle drugs into the United States.

The Committee that States are entitled to protect their territory against the menace of drug dealing by entering into extradition treaties with other States, but the practice under such treaties must comply with the requirements of the Covenant. Thus the Committee found a violation of the Article 13 of the Covenant.

Citation: Giry v. Dominican Republic (UN Human Rights Committee, 20 July 1990) UN Doc CCPR/C/39/D/193/1985

HRDP summary