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with the FIS. The State party requests the Committee to accord appropriate weight to the
findings of the RRT in this regard, since the petitioner did not provide new information in
respect to this claim. The State party recalls the findings of the RRT that the petitioner has
never been a member of the FIS and had no interest or involvement in its political activities
and that the Algerian police had no interest in him whatsoever. The RRT argued that the
petitioner's submission that he was required to report to the police and restricted in his travel
was not plausible in the light of the evidence of the treatment of FIS members during the time
in question. Furthermore, in the light of recent developments in Algeria, the State party
submits that sympathy with the FIS is unlikely to draw the attention of the Algerian
authorities.
4.5 With regard to the military recall of the petitioner, the State party points at the findings by
RRT that there was no military recall until March 1995. Country information received by the
State party indicates that there was an earlier recall of reservists in 1991, but no further recall
until March 1995. The State party recalls further that there was no evidence that the petitioner
was recalled at all, while independent evidence indicated that a notice would have been sent to
the petitioner's home. Even in the event that the petitioner had failed to respond to a recall of
reservists, the alleged victim did not produce any specific information that he is likely to be
subjected to torture. The State party points to UNHCR guidelines in respect of Algerian
asylum-seekers and submits that the likelihood of arrest alone does not support allegations of
the likelihood of torture.
4.6 The State party submits that the copy of the court verdict presented by the petitioner is
unlikely to be genuine, given that the petitioner's own account of when the order was issued is
inconsistent with the date of the order and the sentence imposed is inconsistent with
information received concerning penalties imposed on reservists for the failure to respond to
recall, i.e. arrest and imprisonment for a period of between 3 months and up to 10 years,
depending on the circumstances. The State party further recalls Amnesty International's
reports that Algeria has had a moratorium on carrying out death sentences since December
1994 and that none has been carried out since that time.
4.7 Insofar as the petitioner claims that he is at risk of being subjected to torture because of a
suspicion that he has applied for refugee status or sought asylum, it is submitted that the
alleged victim did not provide any evidence to support the observation that Algerian
authorities have been made aware of his applications in Australia or South Africa. Country
information received by the State party indicates that, even if the Algerian authorities were
aware of the petitioner's applications, there is no substantial reason for believing that he would
be subjected to torture.
Comments by the petitioner
5.1 The petitioner submits that the human rights situation in Algeria remains critical. He
argues that Algeria continues to ignore or is unable to respond to allegations of torture and illtreatment of those people arrested on suspicion of having links with armed groups. The
petitioner recalls the note in the concluding observations of the Human Rights Committee in
1998 that there were numerous sources of information that torture, disappearances and
summary executions occurred in Algeria. In addition, the petitioner notes Amnesty
International's continuing concern regarding torture of those, who have been interrogated
about possible contacts with members of armed groups.
5.2 The petitioner submits that the distinction made between his involvement with FIS and
active membership in the organization is artificial. In addition, no evidentiary basis is
presented for the conclusion that social assistance activities, which have obvious political
significance, are not regarded as political by the Algerian authorities.
http://www.unhchr.ch/tbs/doc.nsf/MasterFrameView/ef5cf4f105d527a1c1256c62005...
26.02.2008