CAT/C/49/D/437/2010
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-ninth session)
concerning
Communication No. 437/2010
Submitted by:
B.M.S. (not represented by counsel)
Alleged victim:
The complainant
State party:
Sweden
Date of complaint:
10 August 2010 (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 12 November 2012,
Having concluded its consideration of complaint No. 437/2010, submitted to the
Committee against Torture by B.M.S. on his own behalf 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
and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant of the communication is B.M.S., an Algerian national born on 3
September 1978. He claims he would become a victim of a violation of article 3 of the
Convention if he is returned from Sweden to Algeria. The complainant is not represented
by counsel.
1.2
Under rule 114 (former rule 108) of its rules of procedure (CAT/C/3/Rev.5), the
Rapporteur on new complaints and interim measures, acting on behalf of the Committee,
requested the State party, on 19 November 2010, to refrain from expelling the complainant
to Algeria while his communication is under consideration by the Committee.
The facts as presented by the complainant
2.1
Between 2004 and 2005, the complainant was approached by members of a terrorist
group who threatened to kill him and requested that he help them gather information about
his employer’s money transport routes. The complainant knew that the terrorist group was
planning an attack. However, he refused to help them and contacted the police asking for
protection. The police refused to help him and told him that if anything happened to the
money transport, he would be accused of having provided information to the terrorists.
About a month later, a vehicle that was transporting money to the city of Bodvo was
2