CAT/C/37/D/288/2006
Page 3
complainant himself, but his lawyer provided comments on the State party’s submission on
the complainant’s behalf.2
1.2 On 3 February 2006, the Special Rapporteur on New Communications rejected the
complainant's request for interim measures of protection.
The facts as presented by the author
2.1 The complainant claims to be a member of the prohibited movement Force de
Libération des Africains de Mauritanie (FLAM). This militant organisation transmitted
information to members in exile to alert international human rights organisations and the
international press about human rights violations in Mauritania. His role in the organisation
was “to recruit and sensitise younger members”.
2.2 In Mauritania, the complainant was arrested three times. In 1995, after a student
demonstration against “arabisation”, he was detained for three days but was not interrogated.
In 1996, he was arrested and detained for 14 days in relation to his father’s opposition to
agricultural reform. From 1996 to 2001, he studied and graduated in engineering in Jordan.
Upon his return to Mauritania, he was again arrested in June 2001. He was interrogated and
allegedly tortured so as to make him explain his role in the FLAM, and to reveal his brother’s
whereabouts (his brother obtained asylum in Sweden on the basis of his role as secretary
general of FLAM). He was released after two days. In December 2001, he learned that he
was wanted by the police and left the country for Norway. In February 2002, he arrived in
Norway and applied for asylum on 21 February 2002.
2.3 On 21 February 2003, the complainant’s application was denied by the Directorate of
Immigration (UDI). On 31 March 2004, his appeal to the Immigration Appeals Board (UNE)
was rejected. On 14 April 2004, he was issued a departure order. He initiated judicial
proceedings and requested an injunction to stay the order to leave the country until his
asylum case had been reviewed by the courts. On 13 September 2005, the Court of First
Instance (Oslo byfogdembete) rejected his request. On 8 December 2005, the Court of
Appeal (Borgarting lagmannsrett) rejected his appeal. As the complainant did not obtain an
injunction to stay the order to leave the country, he did not institute principal court
proceedings. In addition, he states that he cannot afford such proceedings.
The Complaint
3.1 The complainant claims that he fears inhuman and degrading treatment if returned to
Mauritania, as he would be arrested and tortured or even killed, because of his political
activism and his father’s and brother’s political activities3.2
He claims that he was
ordered to leave Norway before his case was heard by the courts, and that the Norwegian
court system does not provide for effective remedies. He adds that proceedings have been
unreasonably prolonged, and that this is solely the government’s fault, which gave as
justification its lack of knowledge about Mauritania.
2
On 29 January 2006, the complainant sent an e-mail to the Secretariat, stating that he was in
hiding and requesting that his e-mail or the address of his lawyer be used for communication
with him.