superintendent of police, and forced into painful positions, such as having his
hands tied behind his legs and being hung up with a rag in his mouth. When
released, he was sent to the hospital by the police, who claimed that he had
attempted suicide. Two medical certificates, dated 14 November 1990 and 2
September 1993, and one admission certificate dated 8 August 1993 attest that R.
was hospitalized from 4 to 13 November 1990. The author also states that
abrasions from the torture are still visible, in particular scars around his ankles. A
medical certificate dated 18 January 1993 attests that the marks found on the
author's body are compatible with the torture he describes.
2.4 In March 1992, the author and two other members of the FIS were arrested. He
claims that he was falsely accused of an attack on a hotel in December 1990. He
does not say what sentence he received after being found guilty. After two months'
detention, he went on a hunger strike to assert his claim of innocence. After
another month he was granted bail under judicial supervision(mise en liberté
provisoire sous contr_le judiciaire) for health reasons. In June 1992, while on bail,
he left Algeria and fled to France.
2.5 In France, after his request for asylum was rejected, the author requested a
residence permit, which was refused him by the prefect of the Val d'Oise on 12
August 1993. His appeal was also rejected.
2.6 In November 1993, a deportation order was issued against him. His appeal was
rejected by the Tribunal Administratif de Versailles.
3. The author argues that if he returns to Algeria he will be arrested and tortured
again because of his participation in the political activities of the FIS. He states that
if France goes ahead with the deportation order, it will be violating article 3 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Comments of the State party on the admissibility of the communication
4. On 25 September 1996, the Committee, through its Special Rapporteur,
transmitted the communication to the State party for comments, requesting it not to
expel the author while his communication was under consideration by the
5.1 In a reply dated 9 December 1996, the State party challenges the admissibility
of the complaint.
5.2 The State party recalls that the author entered French territory on 15 June 1992
and filed a request for asylum on 11 August 1992. His request was rejected on 30