CAT/C/34/D/195/2002 Page 14 Convention; in other words whether, when the French authorities decided to enforce the deportation order they could reasonably think, in the light of the information available to them, that Mr. Brada would be exposed to substantial danger if sent home. The State party alludes to the Committee’s case law holding that an individual claiming to be in danger if returned to a specific country is responsible, at least beyond reasonable doubt, for establishing that his fears are substantial. According to the State party, however, the complainant had produced no evidence before either the administrative court or the administrative authorities to substantiate his alleged fears about being returned to Algeria. The interim relief judge of the Limoges Administrative Court, to whom the complainant appealed against the decision of 29 August 2001 to deport him to Algeria, suspended the decision as to where the complainant should be deported pending a final judgement on the merits, so as to protect the complainant’s situation should his fears prove justified. Noting, however, that the complainant’s allegations were not accompanied by any supporting evidence, the Administrative Court subsequently rejected the appeal in a ruling dated 8 November 2001. 11.2 Ruling on 18 November 2003 on the complainant’s appeal against the ruling by the Limoges Administrative Court of 8 November 2001, the Bordeaux Administrative Court of Appeal found that, given the seriousness of his crimes, the prefect of Indre could legitimately have considered that the complainant’s presence on French territory constituted a serious threat to public order, and that his deportation was not, in the circumstances, a disproportionate imposition on his private and family life. 11.3 The court went on to overturn the judgement of the Limoges Administrative Court and the decision by the prefect of Indre to remove the individual in question to his country of origin on the strength of article 3 of the European Convention on Human Rights and article 27 bis of the order of 2 November 1945 prohibiting the deportation of an alien to a country where it is established that he would be exposed to treatment contrary to article 3 of the Convention. 11.4 According to the State party, particular stress should be placed on the fact that, in so doing, the Administrative Court of Appeal based its ruling on evidence which, it noted expressly, was new. It deduced that, in the circumstances, the complainant’s allegations must be considered well-founded unless contradicted by the Minister of the Interior, and thus overturned the decision establishing the country of destination. 11.5 The State party stresses that the court’s proviso - unless contradicted by the Ministry of the Interior - should not be understood to indicate that the administration was prepared to acknowledge that the complainant’s submissions were compelling. The court was unable to take account of evidence produced by the administration for the defence only because of the rules on litigious proceedings deriving from article R.612.6 of the Code of Administrative Justice: the defence brief produced by the Ministry of the Interior reached the court some days after the termination of pre-trial proceedings. 11.6 Furthermore, the State party explains that the key point on which the court based its decision is the very decision the Committee used to find the present complaint admissible. In pronouncing on admissibility, however, the Committee did not take any stand on the merits