complainant designated the International Federation of ACAT as his representative, and it had
not been established that the complainant is unable to instruct that organization to act on his
behalf. It therefore had to be ascertained whether or not the purported representative, who
signed the complaint, was duly authorized to act on the complainant’s behalf.
Comments by counsel
5.1
In a letter dated 21 October 2002, counsel set out her comments on the State party’s
comments as to admissibility.
5.2
In relation to the exhaustion of domestic remedies, counsel pointed out that, in
accordance with the general principles of international law, the domestic remedies which must
be exhausted are those which are effective, adequate or sufficient, in other words, which offer a
serious chance of providing an effective remedy for the alleged violation. In this case, the
annulment proceedings instituted before the Bordeaux Administrative Court of Appeal were still
pending. Since that procedure had no suspensive effect, the deportation order against the
complainant was enforced on 30 September 2002. Domestic remedies thus proved ineffective
and inadequate.
5.3
Moreover, since the complainant was under the protection of the Committee by virtue of
its request to the State party not to send him back to Algeria while his application was being
considered, he had not considered it worthwhile to launch additional domestic proceedings, in
particular interim relief proceedings for suspension.
5.4
In any event, the enforcement of the deportation order despite the pertinent arguments
raised in the proceedings before the Bordeaux Administrative Court of Appeal rendered the
appeal ineffective. Even if the Court were now to grant the complainant’s appeal, it was
unrealistic to imagine that Algeria would return him to France.
5.5
In response to the complaint that rule 107, paragraph 1, of the Committee’s rules of
procedure had not been respected, counsel referred to a statement signed by the complainant in
person on 29 November 2001 authorizing the International Federation of ACAT to act on his
behalf before the Committee.
The Committee’s assessment in its decision on admissibility of the failure by the
State party to accede to its request for interim measures pursuant to rule 108 of
its rules of procedure
6.1
The Committee observed that any State party which made the declaration provided for
under article 22 of the Convention recognized the competence of the Committee against Torture
to receive and consider complaints from individuals who claimed to be victims of violations of
one of the provisions of the Convention. By making this declaration, States parties implicitly
undertook to cooperate with the Committee in good faith by providing it with the means to
examine the complaints submitted to it and, after such examination, to communicate its
comments to the State party and the complainant. By failing to respect the request for interim
measures made to it, the State party seriously failed in its obligations under article 22 of the
Convention because it prevented the Committee from fully examining a complaint relating to a
violation of the Convention, rendering action by the Committee futile and its comments
worthless.
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