CAT/C/34/D/195/2002
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orders, the State party concludes from the Committee’s case law3 that past torture, even where it
is established that it was indeed inflicted in circumstances coming within the scope of the
Convention, does not suffice to demonstrate a real and present danger for the future. In the
present case, the State party stresses that it emerges from the complainant’s own written
submission that he was acquitted of accusations of Islamist sympathies. The State party further
considers that the potential danger of the complainant’s facing fresh charges of Islamist
sympathies in the future does not seem substantial within the meaning of article 3 of the
Convention, nor yet credible in terms of his own account, which suggests that his service file
was sufficient for the military authorities to clear him of all suspicion in this regard and he was
acquitted of the charges. Besides, it is hardly credible that he would have been released and
assigned to the airbase if the military authorities had still had the slightest doubt about the matter.
Since they had kept him on the actual airbase, the military authorities had clearly been convinced
that not the slightest suspicion of sympathy towards the Armed Islamist Group (GIA) could be
held against him. Here the State party notes that no complaint admissible by the Committee
could arise out of the complainant’s allegations that he had received death threats from armed
Islamist groups, since such threats by a non-governmental entity not occupying the country were
in any case beyond the scope of the Convention. Similarly, the State party notes that, although
the complainant shows with the help of medical certificates that he suffers from a neuropsychiatric disorder, he does not establish that this disorder, about which he gives no details,
could not be adequately treated in Algeria.
8.7
The State party maintains that the dangers alleged by the complainant were given a fair
and thorough review under domestic procedures. It recalls the Committee’s case law whereby it
is for the courts of the States parties to the Convention, and not for the Committee, to evaluate
the facts and evidence in a particular case, unless it can be ascertained that the manner in which
such facts and evidence were evaluated was clearly arbitrary or amounted to a denial of justice.4
The question before the Committee is whether the complainant’s deportation to the territory of
another State violated France’s obligations under the Convention, which means that it should be
asked whether, when the French authorities decided to enforce the deportation order against the
individual in question, they could reasonably consider in the light of the information available to
them that he would be exposed to real danger if sent home. In actual fact, the dangers the
complainant said he would face should he be sent back to his country of origin had been
successively reviewed in France four times in six years by three different administrative
authorities and one court, all of which had concluded that the alleged dangers were not
substantial. In a judgement of 8 November 2001, the Limoges Administrative Court rejected the
appeal against the deportation order submitted by the complainant on 16 July 2001 and the
decision establishing Algeria as the country of destination, opening the way to enforcement of
the order. The court considered that the complainant’s allegations “lacked any justification”.
The complainant, who appealed the judgement to the Bordeaux Administrative Court of Appeal
on 4 January 2002, makes no claim to the Committee that the manner in which the evidence he
produced was evaluated by the Court of Appeal “was clearly arbitrary or amounted to a denial of
justice”. The complainant’s application for political refugee status to the French Office for the
Protection of Refugees and Stateless Persons (OFPRA) had previously been rejected, on 23
August 1995, on the grounds that he had not submitted sufficient evidence to prove that he was
personally in one of the situations for which article 1 (A) (2) of the Geneva Convention relating