CAT/C/56/D/594/2014
of the armed robbery which led to the death of two of their colleagues. He adds that the
terrorists would be able to find him in prison or could be held at the same prison. The
complainant further claims that the Algerian authorities would not be able to protect him
from the terrorists. He also claims that human rights violations in Algeria are systematic.
3.3
Furthermore, he claims to live like a fugitive, in hiding in Sweden, permanently
frightened of being detained and sent back to Algeria. He argues that this anxiety amounts
to psychological torture. The complainant further claims that the asylum procedures before
the Migration Board and the Migration Court suffered from procedural flaws and that the
Migration Board has scheduled his deportation “at any time”, adding that the police came to
his place of residence on a number of occasions.4 He also claims that this situation prevents
him from receiving documents of relevance for his complaint, as he cannot reveal his
address.5
3.4
Finally, the complainant has stated that his father, brother and sister were detained
by the Algerian military (his father for three days, his brother for two days and his sister for
two hours). His family members were then questioned about their contacts with him, his
telephone number and occupation in Sweden and his contacts with the Swedish authorities.
The complainant also states that the Algerian Secret Service has threatened his family
members if they do not provide information regarding the complainant.
State party’s observations on admissibility and the merits
4.1
On 3 October 2014, the State party submitted that the complainant’s case had been
assessed under the Aliens Act of 2005.6 The State party submits that the complainant has
not shown that he is in need of protection in Sweden and can therefore be expelled to
Algeria. In this connection, it refers to the decision of the Migration Board of 22 September
2013 and the Migration Court judgement of 19 December 2013.7
4.2
According to the complainant’s own information, he arrived in Sweden on
1 December 2005 and applied for asylum on 16 January 2006. The Swedish Migration
Board rejected his application and decided on 18 September 2007 to expel him to Algeria.
The decision was appealed to the Migration Court, which on 25 June 2008 rejected the
appeal. On 24 October 2008, the Migration Court of Appeal refused leave to appeal and the
decision to expel the complainant became final and non-appealable. The complainant then
submitted a complaint before the Committee under article 3, which was declared
inadmissible on 12 November 2012 for non-exhaustion of domestic remedies, as the
domestic decision to expel the complainant had become statute-barred on 24 October
2012.8
4.3
The complainant submitted a new request for asylum to the Migration Board on
27 December 2012. The Migration Board rejected his application and decided on 22
September 2013 to expel him to Algeria. The decision was appealed to the Migration Court,
4
5
6
7
8
The complainant does not provide further details of this allegation.
The complainant does not explain the circumstances of his allegation; however, he can be contacted
by e-mail.
The Aliens Act entered into force on 31 March 2006. The Act and the amendments thereto are
available in English on the Internet from www.government.se/government-policy/migration/aliensact/.
The State party also submits non-official English translations of the Migration Board decision of
18 September 2007 and the Migration Court judgement of 25 June 2008 that were submitted by the
State party in connection with the previous case brought by the same complainant before the
Committee (communication No. 437/2010).
See communication No. 437/2010, para. 6.2.
5