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6.6 With regard to the claim that the petitioner will be targeted and that an anti-Government
opinion will automatically be attributed to him, the Committee notes that the petitioner did not
present evidence that there was, in fact, a military recall of the petitioner at all. From the
evidence before the Committee, it also cannot be established that the petitioner is at risk of
being tortured if interviewed at the airport upon his return to Algeria.
6.7 The Committee recalls that, for the purposes of article 3 of the Convention, a foreseeable,
real and personal risk must exist of being tortured in the country to which a person is returned.
On the basis of the considerations above, the Committee considers that the petitioner has not
presented sufficient evidence to convince the Committee that he faces a personal risk of being
subjected to torture if returned to Algeria.
7. The Committee against Torture, acting under article 22, paragraph 7, of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes
that the removal of the petitioner to Algeria, on the basis of the information submitted, would
not entail a breach of article 3 of the Convention.
Notes
1. The translated text of the decision submitted by the petitioner reads in its relevant part: "The
Court has in default sentenced accused 'M.S.' to death …."
2. See P.Q.L. v. Canada, communication No. 57/1996, para. 10.5.
©1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland
http://www.unhchr.ch/tbs/doc.nsf/MasterFrameView/ef5cf4f105d527a1c1256c62005...
26.02.2008