CAT/C/52/D/402/2009
confirming that he wished to proceed with his complaint before the Committee. The
Committee notes that the authenticity of the letter of 31 March 2011 has at no time been
contested by the State party. The Committee therefore considers that the communication is
admissible under article 22, paragraph 1, of the Convention.
9.3
The Committee could not help but take note of the mysterious circumstances
surrounding the complainant’s requests to withdraw his complaint, and the contradictory
reasons given by the complainant and his counsel to explain those requests, followed by his
request to resume the procedure. It notes the State party’s lack of cooperation regarding the
submission of observations on the admissibility and merits of the case, despite the
Committee’s five reminders of 22 January 2010, 11 April 2011, 17 November 2011, 6
December 2012 and 26 July 2013. The Committee reaffirms that, within the framework of
the procedure for individual communications set out in article 22, the State party is called
on to cooperate with the Committee in all good faith and must refrain from taking any
action that might constitute a hindrance. The Committee wishes to remind the State party of
its obligations under article 22, and regrets that its correspondence has so far been limited
to requests for confirmation as to whether the complainant has withdrawn his complaint,
and that no comments have been submitted on the admissibility or merits of the case, which
has hitherto prevented the Committee from elucidating the violations allegedly suffered by
the complainant.
9.4
Although the State party has contested the admissibility of the complaint, it has
provided no relevant information or explanation. The Committee has found no impediment
to the admissibility of the complaint, and therefore declares it admissible. Accordingly, it
requested that the State party submit its observations on the merits of the communication no
later than 31 December 2013.
Lack of cooperation by the State party
10.
On 6 October 2009, 22 January 2010, 11 April 2011, 17 November 2011, 6
December 2012, 26 July 2013 and 18 November 2013, the State party was asked to submit
its observations on the admissibility and merits of the communication. In its note verbale of
22 October 2013, the State party announced that it would submit its observations once they
had been finalized. Having found the complaint admissible on 18 November 2013, the
Committee asked the State party to submit its comments no later than 31 December 2013.
However, the State party’s observations on the merits were not received until 21 March
2014. The Committee regrets that the State party has provided no information of substance
on the admissibility of the complaint, merely disputing admissibility in a note verbale on 1
December 2009, and that it has made no substantive comments on the merits of the
complainant’s claims, saying only that he has been embroiled in legal problems. It recalls
that the State party is obliged, under article 22 of the Convention, to submit to the
Committee, in writing, explanations or statements clarifying the matter and to describe any
remedies it may have taken. In the absence of a response from the State party, the
Committee must give due weight to the complainant’s claims that are sufficiently
substantiated.13
Consideration of the merits
11.1 The Committee has considered the complaint in light of all information made
available to it by the parties concerned, in accordance with article 22, paragraph 4, of the
Convention. Since the State party has offered no substantive observations on the merits, due
weight must be given to the complainant’s claims.
13
12
See communication No. 376/2009, Bendib v. Algeria, 8 November 2013.
GE.14-05037