CAT/C/55/D/494/2012
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (fifty-fifth session)
concerning
Communication No. 494/2012*
Submitted by:
H.B. (represented by counsel, Rachid Mesli, of
the Fondation Alkarama)
Alleged victim:
The complainant
State party:
Algeria
Date of complaint:
22 February 2012 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 6 August 2015,
Having concluded its consideration of complaint No. 494/2012, submitted on behalf
of Hachemi Boukhalfa under article 22,
Having taken into account all information made available to it by the complainant,
his counsel and the State party,
Adopts the following:
Decision under article 22 (7) of the Convention against Torture
1.
The author of the complaint dated 22 February 2012 is Hachemi Boukhalfa, an
Algerian citizen born on 10 March 1972 in Ouargla, Algeria. He claims that Algeria has
violated his rights under article 2 (1), 11, 12, 13 and 14, read in conjunction with article 1
and, alternatively, with article 16 of the Convention against Torture. The complainant is
represented by counsel, Rachid Mesli, of the Fondation Alkarama.
The facts as submitted by the complainant
2.1
The complainant is a resident of Hay Al Moukhadama in Ouargla and works as a
used car dealer. On 9 January 2011, at about 10 a.m., six or seven armed men in civilian
clothing arrived at the complainant’s home in two vehicles. They forcibly arrested the
complainant and took him away in one of the vehicles. Family members and neighbours
witnessed the scene. The individuals in question neither identified themselves, nor showed
an arrest warrant, nor stated any grounds for the arrest.
*
2
The following members of the Committee participated in the consideration of the present
communication: Essadia Belmir, Alessio Bruni, Satyabhoosun Gupt Domah, Abdoulaye Gaye,
Claudio Grossman, Jens Modvig, Sapana Pradhan-Malla, George Tugushi and Kening Zhang.