CAT/C/49/D/425/2010
impartiality were not respected. He notes that the intervention of the First Secretary is a
repercussion for his insistence on receiving his original documents back after his first
request for a Swedish visa was rejected on 18 June 2007. He notes that the First Secretary’s
comments about his character, the insulting manner in which it was written and the
prejudices it contained influenced the Migration Board in its decision. The complainant also
notes that the State party has failed to explain why the official of the Migration Board who
interviewed him was not the person who took the decision.
5.2
The complainant reiterates that the situation in Algeria is not stable, in particular
given the events following the uprisings in other Arab countries. The complainant reiterates
that he had to sign a confession that he was part of an Islamic group, and that in his letters
to the President he exposed the implication of the army in massacres of civilians, as well as
the assassination of President Boudiaf by the Department of Intelligence and Security and
the Department’s implication in the attacks on the Paris commuter train.
5.3
The complainant further notes that the photos are proof of his ill-treatment and that
he was not able to obtain a medical certificate due to the threats he received, in particular as
the medical certificate would have had to be issued by a forensic doctor working at a public
hospital. That would have entailed that the police, which has a station in each public
hospital, would have been informed of his visit.
5.4
With regard to the confiscation of his passport, the complainant notes that the last
stamp in his old passport was dated November 2005, one month before it was confiscated,
and that had it been renewed this would have been done within the regular period of one
month. However, his new passport was obtained on 5 June 2006, six months after the
confiscation. He further notes that he waited for a considerable period before leaving the
country on 24 August 2007 because he feared that the authorities would discover his new
passport and that he would be arrested.
5.5
With regard to his freedom of movement, the complainant notes that the Department
of Intelligence and Security could not lay any charges against him and that it thought that
with the confiscation of his passport he would be blocked from leaving Algeria. Given that
the authorities did not have any knowledge of his new passport, that he was not wanted and
that he made his trips discreetly, he was able to travel freely without raising suspicion. He
further reiterates that during his first trip to the Schengen zone, he did not feel he was in
danger, as he had not yet received the police convocation of 20 March 2008.
6.
On 10 May 2011, the complainant informed the Committee that the procedure for
his expulsion to Algeria had started. On 20 July 2011, the complainant informed the
Committee that, on 13 July 2011, fearing deportation to Algeria, he voluntarily left Sweden
for Egypt.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering a claim contained in a communication, the Committee must
decide whether it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that
the same matter has not been and is not being examined under another procedure of
international investigation or settlement.
7.2
The Committee recalls that, in accordance with article 22, paragraph 5 (b), of the
Convention, it shall not consider any communications from an individual unless it has
ascertained that the individual has exhausted all available domestic remedies. The
Committee notes that, in the instant case, the State party has recognized that the
complainant has exhausted all available domestic remedies.
8