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 process of
contacting the Algerian authorities through
diplomatic channels to find out the
whereabouts and state of well-being of the
complainant.
Complainant’s response
None
Case
Tebourski, 300/2006
Nationality and country of removal
if applicable
Tunisian to Tunisia
Views adopted on
1 May 2007
Issues and violations found
Removal - articles 3 and 22
Interim measures granted and State party
response
Granted but not acceded to by the State
party.10
10
The Committee also notes that the Convention (art. 18) vests it with competence to establish
its own rules of procedure, which become inseparable from the Convention to the extent that
they do not contradict it. In this case, rule 108 of the rules of procedure is specifically intended to
give meaning and scope to articles 3 and 22 of the Convention, which otherwise would only
offer asylum-seekers invoking a serious risk of torture a purely relative, if not theoretical, form
of protection. The Committee therefore considers that, by expelling the complainant to Tunisia
under the conditions in which that was done and for the reasons adduced, thereby presenting the
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