CAT/C/49/D/425/2010 Sweden, without however making a request for asylum, which also cast doubt on his alleged fear of persecution. The complainant notes that, at that moment, he did not feel that he was in danger, as he had not received the convocation by the police. The Swedish Migration Board further found that the allegation that the complainant’s wife received regular visits by officials in plain clothes after his departure was not credible, as he had been separated from his wife since 2007 and he indicated a different address on his visa applications to the Swedish authorities. In this regard, the complainant explains that at the time of his visa applications, he had some disputes with his wife and that they divorced according to Muslim rites, without making it official. Before leaving Algeria, they reconciled and therefore annulled the divorce and the family book attests to the fact that he is married. However, to protect his wife from harassment, he claimed before the Algerian authorities that they were still separated. The Migration Board further concluded that the complainant’s claim that his passport had been confiscated was not likely; the greater likelihood is that his old passport needed renewal, as there were no pages left. The response of the complainant on this issue had been that it would be illogical to renew a passport in which he had an Egyptian residence permit valid until 23 August 2008. He also explains that the fact that he waited for 14 months before travelling attests to his fear of being arrested. On 16 March 2010, the Administrative Court of Gothenburg rejected his appeal and, on 3 June 2010, the Appeal Court also rejected his appeal. On 7 June 2010, he was notified that he needed to leave the territory of Sweden within one month, otherwise he would face expulsion. The complaint 3.1 The complainant claims that his expulsion to Algeria would violate article 3 of the Convention. He claims that the Swedish authorities did not take into consideration that human rights are not respected in Algeria, which has been in a state of emergency for the past 18 years. He also claims that torture is a systematic practice by the secret services and that its agents act with impunity. He submits that he would be exposed to a real danger of torture if he was returned to Algeria. He also submits that Algerian citizens who return after having failed to obtain asylum in a third country are generally suspected to be Islamic terrorists, which makes them vulnerable to reprisals. 3.2 The complainant further claims that the migration authorities were influenced by a letter from the Swedish embassy in Algiers, in which a staff member informed the responsible immigration officer that she had refused the complainant a visa in 2007 and regretted that it had been granted by another colleague in 2008. State party’s observations on admissibility and the merits 4.1 On 24 March 2011, the State party submitted its observations on admissibility and the merits and requested that the interim measures be lifted. 4.2 The State party notes that some of the translations provided by the complainant do not reflect accurately the proceedings before the domestic authorities and proceeds to clarify the facts. On 27 March 2008, the complainant applied for asylum at the Migration Board, providing a passport, issued on 5 June 2006, valid until 4 June 2011, with a Schengen visa valid up to 30 March 2008. In the first interview, the complainant stated that he was being threatened by the military security services because of the letters he had sent enquiring into the causes of his father’s death. He claimed that he had been arrested and tortured as a consequence. In his submissions to the Migration Board, the complainant claimed that he would risk at least 20 years’ imprisonment, during which he would be tortured. He further claimed that the reason for the threats and persecution were the letters he sent to the Minister of Defence in 1998 and to the President on 11 February, 5 May and 4 December 2005 and 22 March 2008 asking for clarification of the cause of death of his 4