Government of the State party dated 11 March 1964
stating that in adopting the decree of 9 May 1963,
“the Government was motivated by the desire to
prevent further submission of cases to the courts”,
and points out that the departmental commissions
therefore limited themselves to hearing the case and
issuing an opinion, leaving the final decision to the
national commission chaired by the Minister of the
Interior. However, this commission was never set
up. He also considers that, while avenues of redress
do exist (administrative tribunals in the case of
farms, for example), their chance of being successful
on the merits is negligible.
Constantine, but decisions have not yet been
rendered.
3.4 Thus, according to Consultation, all possible
proceedings were instituted. Either the Algerian
courts declared themselves not competent (lack of
remedy owing to refusal to render judgement); or
they referred the case to the administrative
commission provided for by the decree of 9 May
1963, which was never set up (again, lack of remedy
owing to refusal to render judgement); or they
granted the appeal, but the decision was not enforced
(lack of remedy owing to failure to execute). As for
appeals to the Supreme Court, Consultation
concludes that, while possible, in practice
applications for judicial review of administrative
decisions stand little chance of success. 26 Counsel
submits that, since no French citizen exiled from
Algeria has obtained satisfaction for the
dispossession suffered, the burden of proof is on the
State party. 27 The author has demonstrated that
domestic remedies have no prospects of success.28
3.3 Consultation indicates that the following
remedies were available to the injured owners in
theory. First, they could file in the Supreme Court:24
(1) annulment proceedings in respect of the decrees
introducing the vacant property regime, the decree of
9 May 1963 and that of 1 October 1963; (2) an
appeal against the decisions of the national
commission ruling on appeals against measures
enforcing the decree of 9 May 1963; (3) an appeal
against prefectural decisions taken in application of
the decree of 1 October 1963; (4) an appeal against
decisions declaring property vacant; (5) an
application for judicial review of appeals court
judgements rendered under the procedure established
by article 7 of the decree of 18 March 1963; or (6)
an application for judicial review when the seizure
of property is the result of an administrative act.
Second, it was possible to appeal to an interim relief
judge against possible future decisions declaring
property vacant. Lastly, an administrative appeal
could be filed with the commissions established by
the decree of 9 May 1963 against decisions placing
property under State protection or declaring property
vacant. Three proceedings were instituted before the
president of the Court of Major Jurisdiction of
Algiers by virtue of the decree of 18 March 196325
and were successful in that the Court either declared
the decisions null and void or ordered surveys that
found the property not to be vacant. Encouraged by
these three orders, many other proceedings were
instituted, but the favourable judgements could not
be implemented. The appeals filed by virtue of the
decree of 9 May 1963 never led to a result, because
the commissions were never set up. Two decisions
were rendered in May 1964 setting aside the order of
the president of the Court of Algiers and affirming
that the interim relief judge remained competent to
hear disputes under the 18 March 1963 decree. Two
appeals were also filed with the Court of
3.5 In view of the impossibility of obtaining
justice in the State party, a number of French
citizens exiled from Algeria turned to France. The
Council of State rejected 74 appeals on 25
November 1988, 17 February 1999 and 7 April 1999
(cases Teytaud and others). 29 They subsequently
turned to the European Court of Human Rights, 30
which found that “the applicants were dispossessed
of their property by the Algerian State, which is not
a party to the Convention”.
3.6 With regard to the admissibility of the
communication, the author argues that it was
submitted by an individual who, when violation of
the Covenant first occurred, was subject to the State
26
It mentions a range of legal arguments that could have
been used.
He cites communication No. 4/1977, William Torres
Ramirez v. Uruguay, Views adopted on 23 July 1980,
para. 9.
28
He cites communication No. 84/1981, Hugo Gilmet
Dermit v. Uruguay, Views adopted on 21 October 1982,
para. 9.4; and communications Nos. 221/1987 and
323/1988, Cadoret and Le Bihan v. France, Views
adopted on 11 April 1991, para. 5.1.
29
With regard to an appeal filed against the decisions
rendered on 11 July 1996 by the Administrative Appeal
Court of Paris, the Council of State ruled on 17 February
1999 that the French State was not responsible, since the
Evian agreements “included no clauses or promises
guaranteeing French citizens residing in Algeria that in
case they were deprived of their property by the Algerian
State, the French Government would compensate them for
their loss”.
30
See applications Nos. 48754/99 and 49721/99; Nos.
49720/99 and 49723/99; Nos. 49724-25/99 and 49729/99;
49726/99 and 49728/99; 49727/99 and 49730/99, Teytaud
and others v. France, inadmissibility decision of 25
January 2001; and applications Nos. 52240/99
to 52296/99, Amsellem and others v. France,
inadmissibility decision of 10 July 2001.
27
24
Established by Act No. 63-218 of 18 June 1963.
However, the decrees nationalizing agricultural
property, tobacco plantations, flour mills, semolina
factories, transport firms, cinemas, etc., did not provide
for any amicable settlement procedure or litigation. Only
administrative appeals were possible.
25
38
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