CAT/C/54/D/468/2011
Furthermore, although he was not involved in political activities, the complainant
states that he was suspected of collaborating with terrorists because of his links with a
friend who had joined the Islamic Front. The complainant submits that he never
appeared before the Blida military court and that the State party’s observation in that
connection is the result of a misunderstanding due to an error of interpretation, since
during the hearings the complainant said that he had been taken to the first military
region in Blida, and not to the Blida military court. The complainant adds that he was
under considerable pressure during the entire second hearing and that the question and-answer format used prevented him from speaking as he wished. As for the
colleague whom he met several times and who was suspected of involvement in
terrorist activities, the complainant states that he was a childhood friend who had
chosen to join a terrorist movement during the civil war because of his religious
beliefs. After the amnesty, the colleague had returned to the complainant’s
neighbourhood. The complainant subsequently took him to the first military region in
Blida for questioning. It was at that time, solely because of the sensitive nature of his
former work, that the complainant aroused the suspicions of the security officers. The
complainant stresses that he never spoke about his work in the army because he knew
his duty and always sought to behave correctly.
5.2 The complainant further contends that the facts he submits are plausible,
contrary to the observations of the State party. According to the complainant, the fact
that he left Algeria without his identity documents is not surprising, since the
Government had forbade him to leave the country, and he had no time to organiz e his
departure. The complainant adds that during his first hearing he said that he did not
know that his identity card had expired in 2005 because he did not know what to
expect abroad and he was unaware that his card would be important for him abroad.
With regard to the search warrant, whose authenticity and evidentiary value the State
party challenges, the complainant states that the warrant simply attests to the
information given by him and that he submitted it to the Swiss authorities late because
his family did not dare to send him evidence through the post for fear of reprisals as a
result of the complainant’s departure. In this connection, the complainant adds that
documents of that type from the military region authorities generally contain no
details of the penalty or the reason for the search because such information is
considered secret. The complainant also reaffirms that the date of September 2000
appears on the search warrant because he began his military service in mid -September
2000 and then extended it by means of an employment contract signed in March 2002.
As to the date of 11 December 2005 which appears on the search warrant dated 15
November 2005, the complainant points out that the warrant makes clear that he had
until 11 December 2005 to report to the military authorities. Lastly, the complainant
contends that the letter from Mr. N is not a letter of convenience and reiterates his
arguments regarding the risk of torture.
Issues and proceedings before the Committee
Consideration of admissibility
6.1 Before considering any claim contained in a communication, the Committee
must decide whether it is admissible under article 22 of the Convention. The
Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), o f
the Convention, that the same matter has not been, and is not being, examined under
another procedure of international investigation or settlement.
6.2 The Committee recalls that, in accordance with article 22, paragraph 5 (b), of the
Convention, it shall not consider any communications from an individual unless it has
ascertained that the individual has exhausted all available domestic remedies. The
Committee notes that in the instant case the State party acknowledges that the
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