CAT/C/46/D/419/2010 assistance agreement and the Moroccan Code of Criminal Procedure. In exercising his right to a defence, Djamel Ktiti requested a review of the extradition order via his attorney on 8 February 2010. This appeal was dismissed by the criminal division of the Supreme Court on 7 April 2010 (judgement No. 1/366), after ensuring that the decision was justified and did not violate any relevant legislation. Complainant’s comments on the State party’s observations 5.1 On 14 November 2010, the complainant noted that the State party had not addressed in its observations the complaint’s two key points, namely the application for suspension of extradition (temporary measures required by the Committee under rule 108, paragraph 1, of its rules of procedure) and the risk of torture should the State party extradite his brother to Algeria. 5.2 The complainant stresses that on numerous occasions since submitting his communication to the Committee he has, through his counsel, written multiple letters to the Moroccan authorities, including the King of Morocco, the Prime Minister, the Minister of Justice, the Minister for Foreign Affairs, the private secretary of the Minister of Justice, and the Office of Criminal Affairs and Pardons, asking for the confirmation of their intention to suspend his brother’s extradition. He has not received any replies to his queries. 5.3 The complainant also states that his brother remains in detention at the Salé prison in Rabat, and notes that the Moroccan authorities appear to have decided to suspend his extradition de facto. He adds that in a letter sent to ACAT-France on 23 August 2010, the Counsellor for International Legal and Judicial Affairs within the executive office of the French Ministry of Foreign Affairs claims that the Ministry was told by the Moroccan authorities that they intended to wait for the Committee’s decision on the merits of the case before extraditing Djamel Ktiti. 5.4 The complainant reiterates that Djamel Ktiti is at serious risk of being tortured if he is extradited to Algeria and reasserts that the State party has not addressed that issue. Additional observations by the complainant 6.1 On 14 November 2010, the complainant requested that the Committee give his communication priority, stressing that the Moroccan authorities appear to have tacitly agreed to suspend the extradition of Djamel Ktiti until the Committee takes a decision on the merits of the case. Djamel Ktiti has been detained since 14 August 2009, or more than 15 months. His continued detention without charge is intrinsically linked to the ongoing process before the Committee. 6.2 The complainant further stresses that all the requests for provisional release submitted by his lawyers have been dismissed or simply never examined. Officials in the Office of Criminal Affairs and Pardons at the Ministry of Justice who have been contacted by his lawyers and ACAT-France have said that they could not examine a request for provisional release given that extradition has already been authorized by the criminal division of the Supreme Court of Morocco in its decision of 7 April 2010. Issues and proceedings before the Committee Consideration of admissibility 7.1 Before considering any complaint contained in a communication, the Committee must decide whether or not it is admissible under article 22 of the Convention. GE.11-43864 5