CAT/C/46/D/419/2010 Only the French Ministry of Justice has replied to the family, inviting them to write to the French consular authorities, who in turn have informed the family that intervening with the Moroccan or Algerian authorities would be seen as interfering in their domestic affairs, and as a slight against the independence of their courts. The International Federation for Human Rights (FIDH) has given the family an affidavit and ACAT has sent a letter to the Chief Justice of the Supreme Court of Morocco, warning him of the risks of torture upon return to Algeria. The complaint 3.1 The complainant alleges that Djamel Ktiti has been depicted by M.K. and the others arrested in the case as the leader of a drug trafficking ring dismantled by the Algerian police. He contends that as a result his brother is in danger of suffering the same, if not worse, torture than that inflicted on M.K., in violation of article 3 of the Convention. 3.2 The complainant refers to the Committee’s most recent concluding observations following consideration of the periodic report of Algeria2 in which the Committee “remains concerned at the many serious allegations which it has received of cases of torture and abuse inflicted on detainees by law enforcement officers”. He adds that the torture and abuse inflicted on M.K. following his arrest demonstrate the legitimacy of this concern, and repeats that F.K., brother of M.K., saw for himself the traces of torture and abuse endured by his brother when he visited him in prison. 3.3 The complainant also contends that, since the Supreme Court dismissed the appeal against the 7 April 2010 extradition order, all domestic remedies have been exhausted in Morocco. State party’s observations on admissibility and on the merits 4.1 On 8 September 2010, the State party submitted its observations on the admissibility and merits of the complaint. After presenting the facts of the case, the State party emphasized that the detention of Djamel Ktiti on 14 August 2009 by the Moroccan judicial authorities resulted from an international arrest warrant issued on 19 April 2009 by the Algerian judicial authorities on charges of forming an organized gang for the unlawful export of narcotics, which was transmitted by Interpol to the various police stations in the country, including that of Rabat. On 7 September 2008, after searching a car driven by M.K., Algerian customs and border police found 110 kilograms of drugs, carefully hidden in the trunk of a car that had been embarking for Marseille. During interrogation, M.K. stated that the operation had been planned in Saint Etienne by Djamel Ktiti and B.Z., who had left Algeria the day before his arrest. M.K. added that other operations had been carried out previously. 4.2 The State party notes that, pursuant to the mutual legal assistance agreement that it signed with Algeria on 15 March 1963, and in response to the official request by the Algerian authorities for Djamel Ktiti’s extradition, he was brought before the criminal division of the Supreme Court of Morocco on 20 September 2009. At the hearing, he was counselled by an attorney who submitted a written report further supported by an oral pleading. During the entire examination process of his case before the Supreme Court, Djamel Ktiti benefited from all the guarantees laid out in the Code of Criminal Procedure. On 7 October 2009, the criminal division of the Supreme Court handed down decision No. 913/1 authorizing the extradition of Djamel Ktiti to Algeria, after ensuring that the request met, in substance and form, all the conditions set by the aforementioned mutual legal 2 4 CAT/C/DZA/CO/3, 26 May 2008, para. 10. GE.11-43864

Select target paragraph3