2.11 The complainant claims that he does not feel safe in South Africa after his expulsion from Australia. He argues that there is no guarantee under South African law that he cannot be expelled at any time. His concern about the actions of the South African Government include the notification of the Algerian Ambassador of his presence in South Africa; accepting and then revoking acceptance of an asylum application and revoking the grant of temporary visa; his detention beyond the statutory limit of 30 days in the Lindela detention centre. He claims that because of arms trade between the Governments of South Africa and Algeria, he fears his application will be rejected in deference to trade imperatives. 2.12 It is submitted that the complaint has not been submitted to any other procedure of international investigation or settlement. The complaint 3.1 The complainant claims that there are substantial grounds for believing that he would be in danger of being subjected to torture upon return to Algeria and that, therefore, Australia would be violating article 3 of the Convention if he were returned there. He claims that he fears prosecution in Algeria on account of his political opinions and membership of the Islamic Salvation Front (FIS). He also fears having to serve in the Algerian army, and claims that members of his family were accused by the Algerian authorities of supporting armed Islamic groups. As a consequence he and other members of his family were targeted by the Algerian army. 3.2 It is submitted that the complainant is personally at risk of being subjected to torture because of his support of the FIS and his close family relationship with several people who have been targeted because of their membership of the FIS and, in some cases, their history of standing as FIS candidates. 3.3 Finally, it is submitted that the complainant is personally at risk of being subjected to torture due to the publication of the decision of the Federal Court. The decision provides personal details and family details, his claims, and the process of his application for protection in Australia. The complainant claims that such publication rendered him personally at risk if he is forcibly returned to Algeria because of the probability that the Algerian authorities are aware of the published decision and of the details of his application for protection. 3.4 The author argues that Algeria remains an authoritarian State with a consistently poor record of gross and flagrant human rights abuses. It is submitted that those detained on national security grounds in Algeria are routinely subjected to torture, and the reports of several organizations are invoked in support of this argument. This evidence is said to establish “substantial grounds” for believing that the complainant would be in danger of being subjected to torture on return to Algeria. 3.5 The complainant seeks a finding that his expulsion from Australia, in circumstances where he does not have the right to return or go to any other country except Algeria, constitutes a violation of article 3 of the Convention. 134

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