CAT/C/34/D/195/2002 Page 8 it could not be considered an effective remedy if the deportation order was enforced before the appeal concluded. 7.9 To this extent, the Committee was of the view that returning the complainant to Algeria despite the request made to the State party under rule 108 of the rules of procedure, and before the admissibility of the complaint had been considered, made the remedies available to the complainant in France pointless, and the complaint was accordingly admissible under article 22, paragraph 5, of the Convention. The State party’s submission on interim measures of protection and the merits of the complaint 8.1 The State party submitted its observations on 26 September and 21 October 2003. 8.2 Regarding interim measures (paras. 6.1 and 6.2) and the Committee’s repeated view that “failure to respect a call for interim measures pursuant to rule 108 of the rules of procedure, in particular through such an irreparable action as deporting the complainant, undermines protection of the rights enshrined in the Convention”, the State party registers its firm opposition to such an interpretation. According to the State party, article 22 of the Convention gives the Committee no authority to take steps binding on States parties, either in the consideration of the complaints submitted to it or even in the present case, since paragraph 7 of the article states only that “The Committee shall forward its views to the State party concerned and to the individual”. Only the Committee’s rules of procedure, which cannot of themselves impose obligations on States parties, make provision for such interim measures. The mere failure to comply with a request from the Committee thus cannot, whatever the circumstances, be regarded as “undermining protection of the rights enshrined in the Convention” or “rendering action by the Committee futile”. The State party explains that when receiving a request for interim measures, cooperating in good faith with the Committee requires it only to consider the request very carefully and try to comply with it as far as possible. It points out that until now it has always complied with requests for interim measures, but that should not be construed as fulfilment of a legal obligation. 8.3 Concerning the merits of the complaint and the reasons for the deportation, the State party considers the complaint to be unfounded for the following reasons. First, the complainant never established, either in domestic proceedings or in support of his complaint, that he was in serious danger within the meaning of article 3 of the Convention. The State party refers to the Committee’s case law whereby it is the responsibility of an individual who claims he would be in danger if sent back to a specific country to show, at least beyond reasonable doubt, that his fears are serious. The Committee has also stressed that “for article 3 of the Convention to apply, the individual concerned must face a foreseeable and real risk of being subjected to torture in the country to which he/she is being returned, and that this danger must be personal and present”2 and that invoking a general situation or certain specific cases is not sufficient. According to the State party, while the complainant describes himself as a fighter pilot and an officer of the Algerian armed forces who has deserted for humanitarian reasons, he provides no proof. To establish that he is a deserter he has merely presented the Committee with two telegrams from