They thus need not be exhausted for the purposes of the present complaint.

In the State party's view, therefore, the Committee's conclusion that she had not made out a breach of article 3 in her complaint is of essential importance to the present complaint.

1.1 The complainant, Mr. Mafhoud Brada, a citizen of Algeria, was residing in France when the present complaint was submitted.

2.1 The author, as a Canadian citizen, is presenting his communication on behalf of Canadian unborn children, because they cannot present the complaint themselves.

2.6 On 7 June 2002, the complainant lodged the present complaint with the Committee, requesting interim measures to stay his removal.

Will anyone lodge a complaint?

In the present case, the complainant had already been expelled, and there was no urgent need to submit the complaint before a careful evaluation of its substance.

This appeal did not refer to Act No. 80 77 and its discriminatory nature, which are the subject of the present complaint.

As both complaints were submitted by the same counsel, the present complaint places an unnecessary burden both on the Committee and the State party.

(a) That the complaint is inadmissible and

(a) That the complaint is inadmissible and

The Committee considers that the author has not sufficiently substantiated her complaint to be able to state that such arbitrariness or such a denial of justice existed in the present case, and consequently believes that the complaint must be found inadmissible under article 2 of the Optional Protocol.

In the present case the Committee also notes that the State party has not challenged the admissibility of the complaint, which it therefore finds admissible.

A model complaint form has been widely distributed via the focal point network and local NGOs a hotline has been established for confidential reporting, supplemented by an e mail complaint system and a mailing address for complaint forms.

The complaint

They lawyers are preparing to file a complaint.

There is, in the State party's view, no reason why the present complainant could not have been included in the first complaint submitted in December 2001.

He filed a formal complaint of abduction with us, do you understand? After receiving a formal complaint we are responsible for conducting an investigation.

5.2 On 28 November 2003, the author's complaint against the two prison guards was taken up in the Colombo Chief Magistrate's court, and the author was present.

Serbia and Montenegro) and 223 2002 (Sohab Uddin v. Sweden). The text of these decisions is reproduced in annex VIII, section A, to the present report.139. In its decision on complaint No.

Encourage complaint submission.

4.2 As regards the complaint related to article 16, the State party submits that it should be declared inadmissible, since this provision does not apply in the present case.

4.3 With respect to the present case, the State party argues that no convincing information has been provided for the delay in submitting the complaint of over 1½ years.

Optional non participation of a member in the examination of a complaint

7.1 The Committee considered the admissibility of the complaint at its thirtieth session and declared the complaint admissible in a decision of 29 April 2003.

11.6 Furthermore, the State party explains that the key point on which the Court based its decision is the very decision the Committee used to find the present complaint admissible.

The State party refers to the complaint submitted by the same counsel on behalf of the complainant's wife in December 2001, where it was argued that her situation was so closely linked to that of the present complaint that it was impossible to argue her case without referring to his.

Another remedy available to him would have been a constitutional complaint.

2.2 The company lodged a complaint against the author for misappropriation.

Optional non participation of a member in the examination of a complaint 160

When a complaint of retaliation is received, the ethics office will conduct a preliminary review of the complaint to determine if there is a credible case of retaliation or threat of retaliation.

Indeed, the Committee had observed in its decision on the original complaint that it was not being presented with the issue of whether the present complainant's removal itself breached article 3.

Obligatory non participation of a member in the examination of a complaint 159 104.

5.2 Before considering any claims contained in a complaint, the Committee against Torture must decide whether or not the complaint is admissible under article 22 of the Convention.

6.1 Before considering any claims contained in a complaint, the Committee against Torture must decide whether or not the complaint is admissible under article 22 of the Convention.

4.5 Furthermore, within the framework of the proceedings concerning the complaint by the complainant's wife, the same extensive information has been submitted concerning his past activities, present whereabouts and conditions of detention.

For the fifth year, the Commission closed more cases than it opened, and the average age of a complaint was 10 months. Average overall processing time for a complaint was 15 months.

Date of complaint 6 May 1999

Date of complaint 8 February 2002

Date of complaint 19 November 2002

Date of complaint 28 November 2002

Date of complaint 25 June 2003

Date of complaint 28 February 2000

(c) The object of the complaint

The Law on the procurator provides that any complaints about unlawful actions are reviewable by the procuracy, and that a complaint to the procuracy does not preclude a person from filing a complaint directly in a Court.