CAT/C/52/D/402/2009
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (fifty-second session)
concerning
Communication No. 402/2009
Submitted by:
Nouar Abdelmalek (represented by Philip
Grant of Track Impunity Always (TRIAL)
– Swiss Association against Impunity)
Alleged victim:
Nouar Abdelmalek
State party:
Algeria
Date of complaint:
17 July 2009 (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 23 May 2014,
Having concluded its consideration of complaint No. 402/2009, submitted to the
Committee against Torture on behalf of Mr. Nouar Abdelmalek 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,
his counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.
The complainant, Nouar Abdelmalek, is an Algerian citizen who was born on 18
July 1972. He states that he is the victim of a violation by Algeria of his rights under
articles 1, 2 (para. 1), 6, 7, 11, 12, 13, 14 and 15, and, alternatively, article 16, of the
Convention against Torture.1 The complainant is represented by Philip Grant of TRIAL
(Track Impunity Always) – Swiss Association against Impunity.
Facts as submitted by the complainant
Complainant’s first and second arrests
2.1
The complainant entered the Algerian Army in the month of August 1991. In the
context of widespread violence in Algeria during the 1990s, he refused, on a number of
occasions, to participate in missions that troubled his conscience. In 1994, the complainant,
1
2
Algeria ratified the Convention and made the declaration under article 22 on 12 September 1989.
GE.14-05037