CAT/C/52/D/525/2012 2013, at the complainant’s request, because of allegations that the complainant was going to be extradited despite the protection measures granted. The facts as presented by the complainant 2.1 On 25 January 2012, the investigating judge from Sidi M’Hamed Court (Algeria) issued international arrest warrant No. 09/19 P against the complainant for attempted export of narcotic drugs, sale of prohibited goods as part of an organized group and moneylaundering. The complainant was also summoned by the investigating judge in Nantes (France) under an international request for judicial assistance issued by the same Algerian judge. In the course of the preliminary investigation opened following the discovery, on 4 April 2009, of 5,492.6 kilos of narcotic drugs in three refrigerated containers destined for the port of Antwerp (Belgium), a person arrested by the Algerian authorities, A.B., implicated the complainant and his brother in the drug trafficking with which he was charged. 2.2 On 10 February 2012, the complainant appeared before the French investigating judge who, on behalf of the Algerian investigating judge, first notified him of the grounds for charging him in the Algerian proceedings, then took his statement and, lastly, notified him that he had two months to submit additional comments and to advise whether or not he agreed to travel to Algeria for questioning by the Algerian examining magistrate. He was also informed that, if no response was received from him within the two-month period granted by the Algerian judicial authority, he would be deemed a fugitive. 2 2.3 On 26 February 2012, the complainant was arrested in Morocco under an Interpol international search warrant.3 An extradition request was then transmitted by the Algerian authorities to the Moroccan Government. The complainant argued before the Moroccan court that his extradition to Algeria would expose him to a risk of torture and endanger his life in violation of article 3 of the Convention against Torture. 4 2.4 In a judgement dated 25 April 2012, the Court of Cassation issued a favourable opinion on the handing over of the complainant to the Algerian judicial authorities. On 23 July 2012, the complainant filed an application for revocation of this favourable opinion with the Court of Cassation. On 14 September 2012, the extradition order was signed by the competent authorities.5 On 25 October 2012, the complainant submitted his case to the Committee against Torture. On 25 November 2012, the Court of Cassation rejected his application for revocation on the merits and upheld its opinion in favour of extradition. 2.5 The complainant has been held in custody since 26 February 2012. His continued detention since this date is intrinsically linked to the ongoing process before the Committee. 2 3 4 5 GE.14-05418 According to the record of the hearing, he was also notified that he was subject to a court supervision order (a prohibition on leaving his region of residence (Loire-Atlantique), except for professional reasons) and that he would have to request permission from the court to leave France to comply with the summons from the Algerian authorities. In his arguments before the Court of Cassation, the complainant contended that he had gone to visit a relative in Agadir and that he was not a fugitive, since the two-month period had not yet expired; he did not mention the court supervision order to which he was subject. During these same proceedings, the complainant stated, somewhat inconsistently, “that his intention was not to evade the judicial authorities of his country of origin, but that he hoped to appear before those authorities as a free man, rather than being taken there in handcuffs and shackles”. Namely the Minister of Justice and the Head of Government (Prime Minister). 3