CAT/C/56/D/594/2014
The police refused to help him and told him that if anything happened to the money
transport, he would be accused of having provided information to the terrorists. About a
month later, a vehicle that was transporting money to the city of Bodvo was attacked and
two terrorists and a police officer were killed. Even though the complainant was not in the
vicinity of the armed robbery, as he claims that he was in Annaba that day, the terrorists
claimed that he had sold their plan to the police and they started looking for him as they
wanted his head. The complainant contacted the law enforcement authorities of Algeria to
inform them about his situation. The police officer to whom he was telling his story started
beating him and accusing him of being a terrorist. He was held in custody for one night
before he managed to escape. After that incident, the complainant was wanted by both the
State authorities and the terrorists. Thereafter, he was sentenced in absentia in 2008 for
belonging to a terrorist group and participating in an armed robbery, which led to the death
of a law enforcement official. He adds that, as he refused to cooperate with the terrorists
and informed the Algerian authorities about their plans, he fears that he would be killed
should he be returned to Algeria, where the security situation is poor and human rights
violations are widespread.
2.8
The complainant claims that he arrived in Sweden on 1 December 2005 and that he
requested asylum on the same day.3 He now fears imminent deportation. He also claims that
the State party authorities requested its embassy in Algiers to investigate him, as a result of
which he would be exposed to even more pressure if he was returned to Algeria. The
complainant adds that, while the Algerian military secret service were looking for him at
his workplace, they “kidnapped” his father without an arrest warrant and detained him for
three days. The complainant alleges that his brother and sister were also arrested, for two
days and two hours respectively, and the complainant’s whereabouts in Sweden enquired
about. The complainant’s father and brother were beaten in the face and on the body.
2.9
The complainant also alleges that he fears that his family will be threatened by the
secret service if they do not reply to the enquiries about the whereabouts of the
complainant. In that connection, he argues that his family members would be at serious risk
of retaliation if they did not provide information that they have about him. The complainant
has therefore broken off contact with his family so as not to expose them to further
problems.
2.10 On 25 February 2014, the complainant requested the Committee to reopen his case
as, according to the Committee’s decision of 12 November 2012, that decision could be
reviewed under rule 116, paragraph 2, of the Committee’s rules of procedure “upon receipt
of a request by or on behalf of the complainant, containing information to the effect that the
reasons for inadmissibility no longer apply”.
The complaint
3.1
As in his previous complaint before the Committee, the complainant claims that his
expulsion to Algeria would amount to a violation of article 3 of the Convention. He argues
that, if he was returned to Algeria, he would be exposed to the risk of being imprisoned,
where he would be subjected to torture by the Algerian authorities, as he had been
sentenced to 10 years’ imprisonment with hard labour for killing a police officer, a crime
which he did not commit.
3.2
The author also claims to be at risk of being killed extrajudicially by the terrorists
who are searching for him to seek revenge, as the complainant allegedly revealed their plan
3
4
The complainant does not explain how he arrived in Sweden. According to the State party, the
complainant applied for asylum only on 16 January 2006, and not on the day of his arrival in Sweden.