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