CAT/C/41/D/285/2006 page 5 encountered no particular problems for more than six months following his return to Algeria in June 2001. Lastly, one month prior to his departure from Algeria, the complainant was issued an Algerian passport, which he presented at the border control on exiting the country. He fails to explain, however, why the security authorities would have allowed him across the border when he was supposedly the object of persecution exposing him to a risk of torture, as demonstrated, according to the complainant, by the police summonses. Nor does he elucidate how his alleged detention remains relevant today, putting him at risk of torture. 4.7 The Swiss authorities characterized the complainant’s allegations regarding the existence of a criminal inquiry pending against him as lacking credibility. Even if his claim that he is being sought by the police and risks arrest in the event of his return were credible, article 3 of the Convention offers no protection to a complainant who alleges merely that he fears being arrested on returning to his country. 4.8 In the light of the implausibilities and inconsistencies identified, which are not indicative of a person who actually experienced the problems and treatment alleged, the Swiss authorities ordered the removal of the complainant and his family members to their country of origin, having first meticulously examined the lawfulness, enforceability and practicability of such a measure. On the basis of this examination, there is nothing to indicate the existence of substantial grounds for fearing that the complainant would face a specific and personal risk of being tortured on his return to Algeria. Complainants’ comments 5.1 On 8 September 2006, the complainant informed the Committee that, following his request for the reconsideration of his asylum application, the Swiss authorities had suspended the removal procedure. In support of his new application, the complainant’s lawyer had submitted a medical report indicating that the complainant was displaying suicidal tendencies, owing to the profound depression and the post-traumatic disorder from which he was suffering. The complainant attributed these problems to his experiences during his detention in Algiers. 5.2 Regarding the police summonses, the complainant does not know why the grounds were not stated. Nor is he aware of the grounds themselves. As to the observation made concerning his failure to leave Algeria sooner, he maintains that he did not have a passport and that it took time to obtain one. He had to complete all the procedures required for leaving the country in secrecy, so that K.A. would not learn of his intentions and prevent his departure. He stresses the authenticity of the letter from his former colleague indicating that the complainant is still being sought by the police. He also emphasizes that the Swiss authorities should not draw conclusions about his state of health without first having him examined by a doctor. 5.3 Subsequently, the complainant transmitted to the Committee a copy of a medical certificate dated 19 July 2007 stating that his depression and suicidal tendencies had worsened significantly and that he was emotionally unstable. It further stated that he was taking medication and that confinement to a mental hospital should be considered. In addition, he was engaging in violent behaviour, raising fears for his children’s physical safety. His state of health was attributable to the trauma he had suffered and the precariousness of his situation in Switzerland.

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