Communication No. 1424/2005
Submitted by: Armand Anton (represented by counsel, Alan Garay)
Alleged victim: The author
State party: Algeria
Declared inadmissible: 1 November 2006
Subject matter: Dispossession of property following
the declaration of independence of the State
party
trading company with the intention of building and
putting up for sale two apartment blocks in Oran.
The company subsequently purchased several lots in
Oran. On 14 July 1962, following the declaration of
Algerian independence on 3 July 1962, the author
left Algeria for France.
Procedural issues: Inadmissibility ratione temporis,
inadmissibility ratione materiae
Substantive issues: Right of peoples to dispose freely
of their natural wealth and resources; freedom
to choose one’s residence; arbitrary or illegal
interference, together with slander and
prejudice to reputation; violation of minority
rights; discrimination with respect to
dispossession and property rights
2.2 France adopted legislation providing for
compensation for dispossessed French property
owners who left the State party following the signing
of the “Evian agreements” 2 by three French
ministers and the Algerian representatives on 18
March 1962. Being eligible under the act of 26
December 1961 on the reception and resettlement of
French nationals from overseas,3 he filed a petition
for the protection of his property in Algeria with the
agency responsible for protecting the property and
interests of repatriated citizens 4 on 21 December
1962. On the basis of the ordinance of 12 September
1962, 5 he filed two powers of attorney with the
French authorities authorizing the agency to
implement any protective measures that might be
required. The first, filed on 4 March 1965 under
number 159,232, concerned all the business and
office equipment belonging to him. The second, filed
on 3 June 1965 under number 172,273/IM,
concerned 12 apartments and 10 business premises.
Counsel submits that the French authorities
ultimately took no protective measures to safeguard
the author’s property rights.
Articles of the Covenant: 1, 12, 17 and 27; 2, para. 1,
and 26, separately or in combination; 26 and
17 in combination; and 5
Articles of the Optional Protocol: 1 and 3
1.
The author of the communication, dated 24
November 2004 and supplemented by the comments
submitted on 10 January 2005 and 1 September
2005, is Armand Anton. 1 Mr. Anton is a French
citizen born at Oran in Algeria on 18 November
1909. He claims to have been the victim of
violations by Algeria of articles 1, 12, 17 and 27;
article 2, paragraph 1, and article 26, separately or in
combination; articles 26 and 17 in combination; and
article 5 of the International Covenant on Civil and
Political Rights. He is represented by counsel, Alain
Garay. The Covenant and the Optional Protocol
thereto entered into force for the State party on 12
December 1989. The Special Rapporteur on New
Communications and Interim Measures of the
Committee decided that the question of admissibility
of the communication should be considered
separately from the merits.
2.3 The author was also eligible under the Act of
15 July 1970 6 introducing a national contribution
2
See the section entitled “Provisions concerning French
citizens of ordinary civil status”: “[…] Their property
rights will be respected. No measures of dispossession
will be taken against them without their being granted fair
compensation previously established. They will receive
guarantees appropriate to their cultural, linguistic and
religious characteristics. […] A Court of Guarantees, an
institution of domestic Algerian law, will be responsible
for ensuring that these rights are respected.”
3
Act No. 61-1439 of 26 December 1961 on the reception
and resettlement of French nationals from overseas.
4
Counsel provided copies of letters from 1962 and 1965.
The author also wrote to the French Prime Minister on 28
December 1966.
5
Ordinance No. 62-1106 of 19 September 1962
establishing an agency responsible for protecting the
property and interests of repatriated citizens.
6
Act No. 70-632. The compensation was to serve as “an
advance on claims against foreign States or beneficiaries
of the dispossession” (art. 1), in relation to the
expropriation of real property ordered in Algeria prior to 3
The facts as presented by the author
2.1 Armand Anton was born and lived in Algeria
as a French citizen. There, he set up the companies
“Établissements Bastos-Anton” and “Établissements
Armand Anton”, dealing in spare parts and
accessories for cars and tractors, industrial supplies,
equipment for cellars and rubber products. In 1956,
he became a real estate agent and set up a non1
Armand Anton died on 12 August 2005. His wife Alice
and his children Jacqueline and Martine are maintaining
the communication before the Committee as his
successors.
35
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents