CAT/C/46/D/341/2008
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-sixth session)
concerning
Communication No. 341/2008
Submitted by:
Fatiha Sahli (represented by counsel, TRIAL
(Track Impunity Always))
Alleged victim:
Djilali Hanafi (husband of the complainant)
State party:
Algeria
Date of complaint:
30 April 2008 (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 3 June 2011,
Having concluded its consideration of complaint No. 341/2008, submitted to the
Committee against Torture by Ms. Fatiha Sahli under article 22 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainant,
her counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant is Ms. Fatiha Sahli, born on 28 June 1972 in Mechraâ-Sfa (Tiaret
wilaya), Algeria. She contends that her husband was the victim of a violation by Algeria of
article 2, paragraph 1 and articles 11, 12, 13 and 14 read in conjunction with article 1, or
alternatively with article 16, of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment. She is represented by TRIAL (Track Impunity Always).
1.2
On 15 September 2009 the Committee, at the request of the complainant and
through its Rapporteur for new complaints and interim measures, requested the State party
to refrain from invoking domestic legislation against the complainant and members of her
family that might restrict their right to continue the procedure initiated in the Committee
against Torture.
The facts as submitted by the complainant
2.1
On 1 November 1998 the complainant’s husband went to work at his food store. He
did not return home in the evening. On 2 November 1998 the family was visited by a man
who informed them that Djilali Hanafi was being detained at the headquarters of the
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