CAT/C/54/D/468/2011
involved in, among other things, preparing annual military infrastructure reports), he
was privy to information classified as “top secret” by the Ministry of Defence, such as
the location of stockpiles of all types of armaments, including mis siles and tanks. On
completion of his compulsory military service, the complainant was forced to stay in
the army by his superiors and to work as an English teacher for three years. During
those three years, he again had access to information classified as confidential.
2.2 On 15 March 2005, on completion of his contract with the Ministry of Defence,
the complainant asked to leave the army. However, his superiors “did not want to let
him go” and forbade him to leave the country. The complainant reports that he felt he
was being watched. He was also summoned on four or five occasions to report to the
Al-Machwar military post in Tlemcen. During interviews at the military post, the
complainant was questioned about his contacts with a former colleague who had
joined the Islamic Front. In the course of the last interview, the complainant was
charged with revealing military secrets to that former colleague, who was described as
a terrorist.
2.3 In early June 2005, the complainant was brought before the Blida milita ry court.
He was held in detention and investigated for 25 days. As there was insufficient
evidence against him, the charges were dropped, and the complainant was released.
However, the complainant alleges that he was kept under surveillance by the army.
Fearing rearrest, the complainant left Algeria for Tunisia on 10 September 2005. On
17 November 2005, he travelled to Switzerland via Italy and filed an asylum
application the same day.
The complaint
3.1 The complainant maintains that his forced return to Algeria would constitute a
violation by the State party of his rights under article 3 of the Convention because of
the risk he runs in Algeria of being subjected to treatment contrary to the Convention.
The complainant refers in particular to the chapter of the 2011 Amnesty International
Annual Report concerning Algeria, which states that human rights, and specially the
right not to be subjected to torture or other inhuman or degrading treatment, are
regularly violated by the Algerian authorities as part of the fight against terrorism.
According to the report, terrorism suspects are often denied a fair trial; some are
convicted on the basis of confessions extracted under torture or other duress, while
others are sentenced to death by military courts. The complainant asserts that, because
of his contacts with a friend who had joined the Islamic Front, he was himself
suspected by the Algerian authorities of collaborating with terrorists and providing
them with information on the location and make-up of military arsenals. The
complainant contends that, although he was not previously tortured, he runs a real risk
of being tortured if he is expelled to Algeria.
3.2 The complainant further asserts that he is currently wanted by the Algerian
authorities. In support of this allegation, he submits an Algerian Ministry of Defence
document dated 15 November 2005, which states that the complainant is in an
irregular situation with regard to the performance of his military service, that he is
considered a deserter and that a warrant has been issued for his arrest. The
complainant also submits a letter dated 23 March 2011 from Mr. N, an Algerian
lawyer employed by the complainant’s family, who alleges that the complainant is still
wanted by the Al-Marsa Al-Kabir military court. In support of his allegations, the
complainant refers to various independent reports, according to which individuals who
have completed their military service must remain at the disposal of the Ministry of
Defence, failing which they will be considered deserters and will be subject to
GE.15-11110
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