CAT/C/41/D/285/2006
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silent. In 2000, he decided to marry, and his family encouraged him to quit his job. The General
wanted to prevent the marriage from taking place, out of fear that the complainant might decide
to break his silence. He demanded that the complainant either remain in his job and not get
married, or leave the country.
2.2 The complainant left Algeria with his wife in November 2000. They stayed illegally
in the Libyan Arab Jamahiriya until June 2001 and then returned to Algeria. Notwithstanding
the precautions they took, the General learned of their return and again threatened the
complainant. In March 2002, unknown persons opened fire on his house and, the same
evening, he was arrested. He was held incommunicado for one week, during which he was
interrogated and ill-treated. He believes that the General was behind his arrest and subsequent
detention.
2.3 On 2 September 2002, the complainant left Algeria with his family and went to
Switzerland. One month earlier, he had applied for a passport, which he received on
18 August 2002. The following day, he also obtained a visa for Switzerland. Following his
departure, he was summoned by the Algerian police on three occasions: on 26 September 2002,
on 6 October 2002 and on 28 May 2003.
2.4 According to the complainant, the Swiss Embassy in Algiers verified the authenticity of
the documents he submitted and sent a report on the matter to the Federal Office for Migration.
This report confirmed the identity of the complainant and the fact that he had worked for
General K.A., thus corroborating his account.
2.5 On 19 September 2002, the complainant filed an application for asylum.
On 31 January 2005, his application was rejected. His appeal of 3 March 2005 was also
rejected, on 20 October 2005.
2.6 The complainant has submitted to the Committee a medical report dated 14 February 2006
stating that he is suffering from depression due to post-traumatic stress. Since the rejection of his
asylum application, his mental health has deteriorated and he is displaying suicidal tendencies.
The complaint
3.1 The complainant asserts that he was summoned by the police on three occasions and that,
according to the third summons, dated 28 May 2003, he was required to appear before a judge
on 3 June 2003. This implies that he is to be put on trial, probably at the instigation of
General K.A. The summons gives no indication, however, of the charges.
3.2 The complainant fears that, if he is sent back to Algeria, he will face a grave risk of torture
and ill-treatment in the meaning of articles 1 and 16 of the Convention. Given the influence of
General K.A. in public life in Algeria, public officials were undoubtedly responsible for, or at
least consented to or acquiesced in, the events described. The risks faced by the complainant
must also be seen in the light of the situation of human rights in Algeria. In this regard, the
complainant concludes that his removal to Algeria would be contrary to article 3 of the
Convention. He also fears for his life, and it is for this reason that his mental health has
deteriorated.