CAT/C/21/D/91/1997 page 5 rejected by decision of 28 February 1997. This decision was delivered to the author on 4 March 1997 and, at the same time, he was notified that he would have to leave the Netherlands immediately. 4.4 On 5 March 1997 the author lodged an objection against the negative decision and filed an appeal with the District Court. He also applied to the President of the District Court for an interim injunction to prevent his expulsion. This request was again refused, and the objection and appeal were again declared to be ill-founded. Following his communication to the Committee and the Committee’s request under rule 108, paragraph 9, of its rules of procedure the author was released from custody on 11 November 1997 and his expulsion suspended. 4.5 The State party considers that the author has exhausted all domestic remedies and, not being aware of any other grounds for inadmissibility, has no objection to the admissibility of the communication. 4.6 As for the merits of the case, the State party argues that in the proceedings that followed his first request for asylum the author stated that he had previously lied about his nationality and that he was Algerian. He explained that in 1989 he had fallen in love with the daughter of his school’s headmaster. The latter did not accept the liaison and in the course of an argument the author destroyed some property. As a result he was detained in a youth detention centre for three months. After his release he went to France but the French authorities deported him in 1990. 4.7 The author stated that he had been called up for military service in 1992 but failed to comply because of a lung condition. As a result he was arrested in 1993. His request for exemption on medical grounds was denied. Three months later he deserted and stayed with a friend until he left for Italy on 23 November 1993. He stayed in Italy for two and a half months before travelling by train to the Netherlands. 4.8 In the additional grounds accompanying the objection of 4 April 1996 the author stated that he in fact came from Tunisia where he had had problems with the authorities because of his ties with a teacher who was a fundamentalist and a supporter of the Al-Nahda party. He claimed that he had been arrested, questioned and beaten on several occasions and accused of disseminating fundamentalist pamphlets. 4.9 In the autumn of 1992, after having helped the teacher to escape to Algeria, he was arrested and questioned for nine days concerning the latter’s whereabouts. He also stated that he had been ill-treated: his feet were beaten with a stick, breaking three of his toes, and he remained confined in a chicken coop. When he reported back one month after his release he was informed that he would be prosecuted and brought to trial. 4.10 He also stated that he had heard from his father that friends in similar circumstances had been sentenced to three years of imprisonment and that he himself had been sentenced to 15 months for desertion. The author expects to be punished for his desertion when he returns to his country.

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