Author’s response
None
Case
Brada, 195/2003
Nationality and country of removal
if applicable
Algerian to Algeria
Views adopted on
17 May 2005
Issues and violations found
Removal - articles 3 and 22
Interim measures granted and State party
response
Granted but not acceded to by the State party5
Remedy recommended
Measures of compensation for the breach of article 3
of the Convention and determination, in consultation
with the country (also a State party to the
Convention) to which the complainant was returned,
of his current whereabouts and state of well-being.
Due date for State party response
None
Date of reply
21 September 2005
State party response
Pursuant to the Committee’s request of 7 June 2005
on follow-up measures taken, the State party,
informed the Committee that the complainant will
be permitted to return to French territory if he so
wishes and provided with a special residence permit
under article L.523-3 of the Code on the entry and
stay of foreigners. This is made possible by a
judgement of the Bordeaux Court of Appeal, of
18 November 2003, which quashed the decision
of the Administrative Tribunal of Limoges, of
8 November 2001. This latter decision had
confirmed Algeria as the country to which the
complainant should be returned. In addition, the
State party informs the Committee that it is in the
5
“The Committee observes that the State party, in ratifying the Convention and voluntarily
accepting the Committee’s competence under article 22, undertook to cooperate with it in good
faith in applying and giving full effect to the procedure of individual complaint established
thereunder. The State party’s action in expelling the complainant in the face of the Committee’s
request for interim measures nullified the effective exercise of the right to complaint conferred
by article 22, and has rendered the Committee’s final decision on the merits futile and devoid of
object. The Committee thus concludes that in expelling the complainant in the circumstances
that it did the State party breached its obligations under article 22 of the Convention.”
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