CAT/C/52/D/402/2009
State party’s observations on admissibility
4.
On 1 December 2009, the State party contested the admissibility of the complaint,
on the grounds that it did not meet the conditions laid down by the Committee’s rules of
procedure concerning the procedure for complaints. The State party gave no additional
explanation as to the basis on which it was contesting the admissibility of the complaint.
Additional information from the complainant
5.1
On 3 March 2010, the complainant observed that the State party had not
substantiated its request that the Committee should find the complaint inadmissible. He
therefore asked the Committee not to grant the State party’s request and to pronounce on
the admissibility of the communication as well as on its merits.
5.2
On 15 December 2010, the complainant informed the Committee that he wished to
withdraw his complaint against the State party.
5.3
On 4 March 2011, the complainant’s counsel noted that on the same day that the
complainant informed him of his wish to withdraw his complaint, which was 15 December
2010, a representative of the Permanent Mission of Algeria to the United Nations Office in
Geneva contacted the Committee secretariat for confirmation that the complainant had done
so. Counsel indicated that the complainant had several reasons for withdrawing his
complaint. Firstly, he had been pressured by members of his family who did not wish him
to take action against the State party. The withdrawal of the request was also a response to
the persistent demand of his father, who said it was an affront to the dignity of his country.
Secondly, he had been pressured and threatened by Algerian opposition organizations and
movements that had hacked into and were monitoring his electronic mail and his website.8
Thirdly, the complainant had been the target of death threats but had not been able to
determine who they had come from. On 8 November and 8 December 2010, the
complainant informed the Toulouse police that he had received death threats by electronic
mail via his website.
5.4
Although he expressed the desire to withdraw his complaint to the Committee, he
also expressed a wish to proceed with his criminal complaint against the former Minister of
State, Bouguerra Soltani, whom he accuses of having tortured him, and against whom he
lodged a criminal complaint before the Swiss courts in October 2009, in application of the
principle of universal jurisdiction.9 The Minister managed to flee before the police of the
canton of Fribourg could arrange for a confrontation with the complainant.
5.5
Counsel informed the Committee that he had received an unsigned letter from the
complainant, dated 21 October 2010, in which he mentioned his wish to withdraw his
complaint because negotiations with the Algerian authorities had brought about the
restoration of his moral and material rights, and the complaint was thus no longer
necessary. Since it was not signed, counsel contacted the complainant, who denied having
sent the letter.
5.6
On 31 March 2011, counsel informed the Committee that the complainant had
decided to proceed with his case before it.10 The complainant explained that his initial
request to withdraw the complaint had arisen from problems with the Algerian judiciary,
which had required proof of his wish to withdraw his complaint to the Committee before it
could investigate a complaint against those involved in torturing him. After the withdrawal
8
9
10
GE.14-05037
www.anouarmalek.com.
The complainant had filed the complaint in Switzerland, because the Minister was then on Swiss
territory.
Counsel provided a letter dated 8 March 2011 and signed by the complainant to this effect.
9