CAT/C/56/D/594/2014
Furthermore, an in-depth asylum interview was held on 31 May 2013, at which the
complainant accounted for his reasons to seek asylum in the presence of his public counsel
and an interpreter. That interview lasted for two hours. In addition, on 16 July 2013, the
complainant submitted supplementary written observations regarding his grounds for
asylum. In those observations, he confirmed what had been recorded in the minutes of the
interview held on 31 May 2013. The State party therefore considers that the complainant
has had the opportunity to present all his grounds for asylum to the migration authorities,
both orally and in writing, and that there is no reason to conclude that the national rulings
were inadequate or that the outcome of the domestic proceedings was arbitrary or amounted
to a denial of justice.
6.4
In addition, the State party draws the Committee’s attention to the fact that the
expulsion decision regarding the complainant will become statute-barred on 3 February
2018. It therefore requests the Committee to consider the admissibility and/or merits of the
present communication well in time before that date.
6.5
In summary, the State party considers that the complainant’s claims are not credible
and that the circumstances he invokes are not sufficient to demonstrate that he faces a
foreseeable, real and personal risk of torture in case of his forced removal to Algeria.
6.6
The State party also maintains its position regarding the admissibility and the merits
of the present complaint.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claims contained in a complaint, the Committee must decide
whether it is admissible under article 22 of the Convention. 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 recalls that, in accordance with article 22 (5) (b) of the Convention,
it shall not consider any complaint from an individual unless it has ascertained that the
individual has exhausted all available domestic remedies. The Committee notes that in the
present case the State party does not challenge the assumption that the complainant has
exhausted all available domestic remedies.
7.3
The Committee notes the State party’s argument that the complaint should be held
inadmissible as manifestly ill-founded. The Committee, however, considers that the
complaint has been sufficiently substantiated for purposes of admissibility, because the
complainant’s allegations of a risk of torture or ill-treatment in case of his forced removal
to Algeria raise issues under article 3 of the Convention. As the Committee finds no further
obstacles to admissibility, it declares the communication admissible.
Consideration of the merits
8.1
The Committee has considered the present complaint in the light of all the
information made available to it by the parties concerned, in accordance with article 22 (4)
of the Convention.
8.2
The issue before the Committee is whether the forced removal of the complainant to
Algeria would constitute a violation of the State party’s obligation under article 3 of the
Convention not to expel or to return (“refouler”) a person to another State where there are
substantial grounds for believing that he would be in danger of being subjected to torture.
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