CAT/C/41/D/285/2006
page 7
his arrest and his alleged detention lacks credibility, that he has been unable to describe the
interrogations to which he was subjected and that his explanations of the grounds for his arrest
have remained vague. The State party also refers to the lack of evidence of a link between his
current state of health and the ill-treatment he claims to have suffered. As to the police
summonses, no information is available concerning the reasons for which the complainant is
supposedly being sought. The Committee notes that the account submitted by the complainant
does not shed any light either on the conditions of his previous detention or on the reasons for
which he is being sought by the police now, several years after his departure from Algeria. The
Committee takes note of the psychiatric reports submitted by the complainant stating that he is
suffering from profound depression and a severe post-traumatic disorder. The main question,
however, is whether he currently runs a risk of torture. It does not automatically follow that,
several years after the alleged events occurred, he would still be at risk of being subjected to
torture if removed to Algeria in the near future.1
7.6 Taking into account all information made available to it, the Committee considers that the
complainant has failed to provide sufficient evidence to demonstrate that he would face a
foreseeable, real and personal risk of being subjected to torture if deported to his country of
origin.
8.
The Committee against Torture, acting under article 22, paragraph 7, of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes
that the deportation of the complainants to Algeria would not constitute a breach of article 3 of
the Convention.
[Adopted in English, French, Russian and Spanish, the French text being the original version.
Subsequently to be issued also in Arabic and Chinese as part of the Committee’s annual report to
the General Assembly.]
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1
See communication No. 309/2006, R.K. et al. v. Sweden, Views adopted on 16 May 2008,
para. 8.5.