4.1 By submission of 29 April 1997, the State party argues that the
communication is inadmissible because domestic remedies had not been
exhausted.
4.2 The State party explains that any foreigner whose appeal has been
definitively rejected by the Commission de Recours des Réfugiés is
requested to leave French territory within a month of being notified of the
decision. The decision is notified by registered letter with acknowledgement
of receipt delivered to the address given by the person concerned. If the
person is not at home when the postal official delivers the letter, a notice is
left at the address informing the person that the letter may be collected at the
post office indicated on the notice. According to the State party, the postal
administration, contrary to the author's allegations, usually hands over the
letter if the recipient can show proof of identity, and is not responsible for
judging the validity of the residence permit shown, with respect to its
expiry. The summons to leave the territory states that the person concerned
has 15 days to submit comments, especially regarding any risks he may be
exposed to in the event of returning to his country of origin.
4.3 The State party argues that several appeal procedures were available to
D., and that he did not use them. According to the State party, he was
entitled to submit an application for judicial review to the Conseil d'Etat
against the Commission's decisions of 28 February 1991 and 17 December
1993. Secondly, he could have requested the cancellation of the summons to
leave French territory before the administrative court.
4.4 Lastly, the State party points out that D. did not appeal against the order
of escort to the frontier dated 25 November 1991. The State party says that
the law allows a specific appeal against orders of escort to the frontier to be
lodged before the judge for escort to the frontier of the administrative court
with territorial jurisdiction. Such appeal must be lodged within 24 hours of
the order being notified. On hearing the appeal, the judge has 48 hours to
issue a ruling, during which time proceedings are suspended. When the
appeal has been submitted, the judge must, where appropriate, entertain the
complaint that the person concerned runs the risk of being subjected to
torture or to inhuman and degrading treatment in the event of a return to the
country of origin, in conformity either with international rules, or with rules
of domestic law.
The author's comments
5.1 In his comments on the State party's observations, the author alleges that
many post offices will not hand over registered mail to persons without a
residence permit who show only a passport or a residence permit which has
expired, even though they have no legal authority to decide whether a