- 128 5.3
The petitioner submits that, in the light of recent developments, it is too simplistic to
argue that the petitioner’s sympathy with the FIS is unlikely to draw the attention of the Algerian
gendarmerie to his case. It is argued that those who have not claimed the amnesty or who fall
outside its terms as provided for by the Civil Harmony Law are likely to be pursued rigorously.
Issues and proceedings before the Committee
6.1
The Committee notes the information from the State party that the deportation of the
petitioner has been suspended, in accordance with the Committee’s request under rule 108,
paragraph 9, of its rules of procedure.
6.2
Before considering any claims contained in a communication, the Committee against
Torture must decide whether the communication is admissible under article 22 of the
Convention. The Committee has ascertained, as it is required to do under article 22,
paragraph 5 (a), of the Convention, that the same matter has not been and is not being examined
under another procedure of international investigation or settlement. The Committee notes that
the State party considers the communication inadmissible for lack of sufficient substantiation.
However, the State party did not submit further arguments in this regard, but arguments on the
merits should the Committee find the communication admissible. The Committee, therefore, is
of the opinion that the State party’s arguments raise only substantive issues, which should be
dealt with at the merits and not the admissibility stage. Since the Committee sees no further
obstacles to admissibility, it declares the communication admissible.
6.3
The Committee must decide, pursuant to article 3, paragraph 1, of the Convention,
whether there are substantial grounds for believing that the petitioner would be in danger of
being subjected to torture upon return to Algeria. In reaching this decision, the Committee must
take into account all relevant considerations, pursuant to article 3, paragraph 2, of the
Convention, including the existence of a consistent pattern of gross, flagrant or mass violations
of human rights. The aim of the determination, however, is to establish whether the individual
concerned would be personally at risk of being subjected to torture in the country to which he or
she would return. It follows that the existence of a consistent pattern of gross, flagrant or mass
violations of human rights in a country does not as such constitute a sufficient ground for
determining that a particular person would be in danger of being subjected to torture upon his
return to that country; additional grounds must exist to show that the individual concerned would
be personally at risk. Similarly, the absence of a consistent pattern of gross violations of human
rights does not mean that a person cannot be considered to be in danger of being subjected to
torture in his or her specific circumstances.
6.4
In the present case, the Committee notes that the petitioner’s social activities for the FIS
date back to the beginning of 1992, at which time he was detained and interrogated for two
hours. It is not submitted that the petitioner was tortured or prosecuted for his activities for FIS
before leaving for Syria.
6.5
The Committee notes that the petitioner invokes the protection of article 3 on the grounds
that he is personally in danger of being arrested and tortured in connection with the disputed
court verdict of 1996. However, the petitioner does not submit any information supporting the
claim that the petitioner will be exposed to the risk of torture. The Committee considers that,
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