CAT/C/57/D/531/2012
Court of Major Jurisdiction (tribunal de grande instance), where a hearing was scheduled
for 21 October 2015.5
6.4
On 5 June 2015, the complainant informed the Committee that his sister, who lives
in Algeria, had been threatened and that her house had been damaged, unknown persons
having blocked all the entrances with concrete and armoured doors.
6.5
On 27 November 2015, a reminder was addressed to the State party, in which
reference was made to the letter dated 5 February 2015 from the above-mentioned
rapporteur, asking the State party to inform the Committee of the measures it had taken
pursuant to the rapporteur’s request.
6.6
On 8 February 2016, the complainant informed the Committee that, on 8 January
2016, the French National Court on the Right of Asylum had granted him refugee status,
along with his wife and three children.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
The Committee has ascertained, as it is required to do under article 22 (5) (a) of the
Convention, that the same matter has not been and is not being examined under another
procedure of international investigation or settlement.
7.2
The Committee notes that the State party has contested the admissibility of the
complaint on the grounds of non-exhaustion of domestic remedies, since it considers the
decision of the Guelma Chief Prosecutor to discontinue proceedings, which was submitted
by the complainant, to be a forgery. The Committee notes, however, that, other than this
assertion, the State party has not responded in any way to the facts presented by the
complainant. The Committee finds that, under the circumstances, the inaction of the
competent authorities has made it unlikely that any remedy that might provide effective
relief can be initiated. The Committee therefore finds that it is not precluded from
considering the communication under article 22 (5) (b) of the Convention.
Consideration of the merits
8.1
The Committee has examined the complaint in the light of all information made
available to it by the parties, in accordance with article 22 (4) of the Convention.
8.2
The Committee notes the complainant’s claim that, because of his work as an
investigating judge, he was the victim of a plot and of intimidation and threats to his
physical integrity by various officials of the State party between 2009 and 2011. The
complainant has alleged, moreover, that on 4 January 2011 he was the victim of acts of
torture by the Inspector General, who sought to force him to admit that he had signed the
application to release the 160 billion Algerian dinars that the complainant, in his capacity as
investigating judge, had ordered to be blocked in the context of an investigation into
embezzlement.
8.3
The Committee has taken note of the State party’s submission, in which it gives a
different account of the facts, without, however, responding to the allegations documented
by the complainant. The Committee further notes that the complainant has provided a
certain number of documents, notably a copy of the complaint he addressed to the Guelma
Chief Prosecutor on 23 January 2011, in which he relates his assault by the Inspector
General on 4 January 2011. The State party has not denied these claims.
5
6
The complainant has provided no further updates in this regard.
GE.16-13805