CAT/C/31/D/153/2000
Page 6
4.5
As to the publication of the judgment of the Federal Court of Australia, the
State party denies that this might prompt the Algerian authorities to torture the
complainant upon his return to Algeria. There is no evidence to suggest that the
Algerian authorities have shown any interest in the complainant’s activities since
1992, when he claims to have been arrested and detained for 45 minutes. The State
party notes that the suggestion that the Algerian authorities would be scanning
internet legal databases in Australia to determine his whereabouts, strains credulity.
For the State party, it is highly unlikely that that the publication, on Internet, to refuse
him a protection visa would have come to the Algerian authorities’ attention.
Accordingly, there are no substantial grounds for believing that the complainant is in
danger of torture on this count.
4.6
The State party concedes that DIMA had noted that the author’s relatives who
had experienced harm or mistreatment had been active members of the FIS or Islamic
clerics, but his own evidence, the complainant was neither of these, and had not
attracted the attention of the authorities, except once in 1992, when he claimed to
have been detained for 45 minutes. Further, the State Party cites the RRT’s finding
that the complainant was able to depart from Algeria on three occasions and to return
twice without any problems. This indicates that the complainant does not attract the
authorities’ attention.
4.7
Moreover, the State party claims that during the hearing, the complainant
admitted that none of his immediate family had problems with the authorities (with
the exception of his brother-in-law, in 1995), and that he personally had had no
problems since his detention in 1992. This again indicates that the complainant does
not attract adverse attention from the authorities.
4.8
The State party observes that the complainant has a general fear of harm as a
result of civil conflict in Algeria; this fear however is not sufficient to bring him under
the Convention’s protection. The State party adds that the Minister of Immigration
and Multicultural Affairs considered information received from the French and United
Kingdom authorities to the effect that they were unaware of any instance in which a
person returning to Algeria from those countries had met with violence upon return.
The State party also refers to recent reports that indicate that the human rights
situation in Algeria has improved.
4.9
The State party also invokes DIMA’s opinion, which noted that the Algerian
authorities are aware that many citizens who travel to foreign countries make refugee
applications to escape from the civil strife and adverse economic situation in Algeria.
It is noted that a mere asylum application by an Algerian citizen in another country is
not a reason for the Algerian authorities to attempt to persecute or torture that person.
4.10 The State party notes that by letter of 25 January 2000, the complainant was
advised that arrangements had been made for him to leave Australia on South African
Airways flight SA281, departing Sydney for Johannesburg at 9:40 pm on 26 January
2000. He was accompanied by 3 escorts on the flight to South Africa. Further, the
State party adds that the complainant’s current whereabouts are unknown to
Australian authorities.