The author of the communication is Giosue Capena, an Italian citizen who under the deportation order in Canada based on his numerous convictions for drug related offences. Applying to the Committee he claimed to be a victim of violations of Article 7, 12, 13, 17 and 23 of the Covenant if deported from Canada.
The Committee concluded that there was no violation of provisions of the Covenant based on the facts that the facts of the case are not of a nature to raise issue under Article 7 of the Covenant. The Committee concluded that the Author could not claim Canada was his own country, his removal from Canada did not interfere with his family ties and there is no issue arises under Article 23 of the Covenant.
Citation: Capena v. Canada, UN Human Rights Committee, 3 April 1997) UN Doc. CCPR/C/59/D/558/1993