CAT/C/54/D/468/2011
his country of origin. 13 Likewise, with regard to the State party’s observations
concerning the contradictory nature of the statements which the complainant made
during the domestic proceedings, the Committee is of the view that the complainant
has not submitted any information to support his response to the observations in
question. The Committee considers that, even if it were certain that the complainant
would be arrested on his return to Algeria because of a search warrant issued against
him, the mere fact that he would be rearrested and considered a deserter would not
constitute substantial grounds for believing that he would be in danger of being
subjected to torture or inhuman or degrading treatment. In the light of the foregoing,
the Committee finds that the information submitted by the complainant is insufficient
to substantiate his claim that his return to Algeria would put him at a real, specific and
personal risk of torture or ill-treatment.
8.
In the light of the above, the Committee, acting under article 22, paragraph 7, of
the Convention concludes that the complainant’s removal to Algeria by the State party
would not constitute a violation of article 3 of the Convention.
__________________
13
8/8
See communication No. 154/2000, M.S. v. Australia, decision adopted on 23 November 2001, para.
6.5.
GE.15-11110