security of the person. If lawfully deprived of their liberty, they shall be treated with humanity and
with respect for the inherent dignity of their person. Aliens may not be imprisoned for failure to fulfil
a contractual obligation. They have the right to liberty of movement and free choice of residence;
they shall be free to leave the country. Aliens shall be equal before the courts and tribunals, and
shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal
established by law in the determination of any criminal charge or of rights and obligations in a suit at
law. Aliens shall not be subjected to retrospective penal legislation, and are entitled to recognition
before the law. They may not be subjected to arbitrary or unlawful interference with their privacy,
family, home or correspondence. They have the right to freedom of thought, conscience and religion,
and the right to hold opinions and to express them. Aliens receive the benefit of the right of peaceful
assembly and of freedom of association. They may marry when at marriageable age. Their children
are entitled to those measures of protection required by their status as minors. In those cases where
aliens constitute a minority within the meaning of article 27, they shall not be denied the right, in
community with other members of their group, to enjoy their own culture, to profess and practise
their own religion and to use their own language. Aliens are entitled to equal protection by the law.
There shall be no discrimination between aliens and citizens in the application of these rights. These
rights of aliens may be qualified only by such limitations as may be lawfully imposed under the
Covenant.
8.
Once an alien is lawfully within a territory, his freedom of movement within the territory and
his right to leave that territory may only be restricted in accordance with article 12, paragraph 3.
Differences in treatment in this regard between aliens and nationals, or between different
categories of aliens, need to be justified under article 12, paragraph 3. Since such restrictions must,
inter alia, be consistent with the other rights recognized in the Covenant, a State party cannot, by
restraining an alien or deporting him to a third country, arbitrarily prevent his return to his own
country (art. 12, para. 4).
9.
Many reports have given insufficient information on matters relevant to article 13. That
article is applicable to all procedures aimed at the obligatory departure of an alien, whether
described in national law as expulsion or otherwise. If such procedures entail arrest, the safeguards
of the Covenant relating to deprivation of liberty (arts. 9 and 10) may also be applicable. If the arrest
is for the particular purpose of extradition, other provisions of national and international law may
apply. Normally an alien who is expelled must be allowed to leave for any country that agrees to
take him. The particular rights of article 13 only protect those aliens who are lawfully in the territory
of a State party. This means that national law concerning the requirements for entry and stay must
be taken into account in determining the scope of that protection, and that illegal entrants and
aliens who have stayed longer than the law or their permits allow, in particular, are not covered by
its provisions. However, if the legality of an alien’s entry or stay is in dispute, any decision on this
point leading to his expulsion or deportation ought to be taken in accordance with article 13. It is for
the competent authorities of the State party, in good faith and in the exercise of their powers, to
apply and interpret the domestic law, observing, however, such requirements under the Covenant as
equality before the law (art. 26).
10.
Article 13 directly regulates only the procedure and not the substantive grounds for
expulsion. However, by allowing only those carried out “in pursuance of a decision reached in
accordance with law”, its purpose is clearly to prevent arbitrary expulsions. On the other hand, it
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