CAT/C/57/D/531/2012
unknown persons, who said to her, while removing her earrings: “Tell your father, the
judge, that he can do nothing.” After this incident, the complainant’s wife and daughter
again left Algeria for France, in February 2010. His wife returned to Algeria a few months
later.
2.7
Meanwhile, the complainant received four anonymous telephone calls, in which he
was enjoined to release the seized funds. He did not yield to this pressure, however, and
pursued his inquiries. In February 2010, the investigation was complete, but the disputed
funds remained blocked in the bank account.
2.8
In June 2010, the Director General of Police, Colonel Ali Tounsi, a close friend of
the complainant’s, was assassinated. Officially, the persons responsible for his death were
never found. The complainant, however, claims that the death was linked to inquiries that
were being conducted into a case involving the embezzlement of oil revenue, in which the
Ministry of Energy and Mines was implicated, and also to the Colonel’s refusal to grant the
market for the supply of police helicopters to the brother of President Bouteflika. Colonel
Tounsi had been aware that his life was in danger. Three days before his murder, he had
confided in the complainant that he was afraid his opposition would cost him his life. After
Colonel Tounsi’s death, some of his relatives also disappeared. The complainant, who was
very concerned for his safety, shared his fears with the Director of Military Justice.
Subsequently, he received several threatening telephone calls.
2.9
On 15 July 2010, the complainant left on holiday for about a month. On his return,
he discovered that he had been transferred, without his knowledge, to Guelma Court, where
he was to work as a legal adviser on civil law. This post did not correspond either to his
training or to his professional experience as an investigating judge, having specialized in
criminal law for the previous 20 years. The transfer made it clear to him that his situation
would become ever more difficult and that an attempt was being made, before eliminating
him completely, first to neutralize him professionally, by stripping him of his powers as an
investigating judge.
2.10 Moreover, the complainant discovered that the funds he had ordered to be seized had
been released. He was informed by the director of the bank that the latter had received an
application signed by the complainant himself for the unblocking of the account in question.
The application had obviously been forged and his signature falsified. Following his
transfer, no investigating judge had replaced the complainant, so no one could have signed
the application on his behalf. On 25 August 2010, the complainant submitted a report to the
Chief Prosecutor at Souk Ahras Court denouncing the falsification of his signature. This
report was not acted on. Having received no response, the complainant lodged another
complaint with the Chief Prosecutor, on 13 September 2010.
2.11 Between late September and early October 2010, the complainant received
threatening telephone calls. As he no longer felt at all safe in Algeria, he succeeded in
obtaining a visa for his wife, who again left Algeria on 20 October 2010.
2.12 The complainant contacted a friend, a member of the Algerian army, General X, to
whom he told everything. He also spoke to the Inspector General of the Ministry of Justice,
in November 2010. Following this conversation, on 4 January 2011, the complainant was
summoned to the office of the Inspectorate General, where the Inspector General received
him with hostility, shouting that it was of course the complainant who had signed the
application to the bank. The Inspector General sought to force the complainant to admit that
he had signed the application to release the disputed sum of money, in exchange for which
he would be granted a promotion. The complainant denied categorically having done so and
refused the offer, whereupon the Inspector General attacked him, grabbing an exposed
electrical cable and twice pressing the wires to the complainant’s chest, inflicting powerful
GE.16-13805
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