(a) That the complaint is inadmissible and

(a) That the complaint is inadmissible and

The complaint should therefore be found inadmissible.

4.1 The State party considers the complaint inadmissible because it says that the complainant has failed to exhaust domestic remedies.

The Committee has found that this complaint, claiming unlawful discrimination, is inadmissible ratione temporis.

The Board was informed by the complainant's counsel that FARE DP members had illegally entered the complainant's brother's house in Quito and had destroyed some of the furniture.

In P.S. v. Canada the Committee had found the communication inadmissible on the grounds that the complainant had not applied for judicial review of a decision denying his request for a ministerial waiver.

(a) Firstly, because the complainant has presented scant medical evidence in connection with his asylum application.

The complaint is therefore considered inadmissible in accordance with article 22, paragraph 2, of the Convention.

A State party may apply, within two months, for the complaint to be rejected as inadmissible.

As such, the allegation of torture is inadmissible for failure to exhaust domestic remedies.

In its decision of 25 November 1996, the Commission found the complaint inadmissible.

The Committee therefore considers this claim inadmissible under article 2 of the Optional Protocol.

The Committee therefore considers this claim is inadmissible as unsubstantiated within the meaning of article 2 of the Optional Protocol.

8.5 The State party considers that the complainant's personal conduct renders his claims implausible.

The Committee thus rejected the State party's argument that the complaint is inadmissible on this ground.

Consequently, the Committee finds this claim inadmissible under article 2 of the Optional Protocol.

The Claim

The claim

4.18 The State party also states that the information provided by the complainant about his marital status is unclear.

Date of the complaint 29 August 2000 (initial submission)

In case there is still doubt as to the wish of the complainant, the Committee shall be seized of the complaint.

According to the complainant, he had been arrested several times prior to the incident in question and had been interrogated about several unrelated criminal offences.

9.4 In relation to the complainant's present situation, counsel considers that the State party's information is incorrect.

The State party's submission on admissibility and merits and the complainant's comments thereon

Complainant's comments on the State party's observations regarding the admissibility and merits of the complaint

Complainant's comments on the State party's submissions on the admissibility and the merits of the communication

A State party that has received a request for a written reply under paragraph 1 both on admissibility and on the merits of the complaint may apply in writing, within two months, for the complaint to be rejected as inadmissible, setting out the grounds for such inadmissibility.

The risk of reprisals was not deemed to be insignificant, irrespective of whether the information was correct or not.

Comments by the complainant

The complainant's submission

The complainant's comments

The Committee considers, however, that aggravation of the complainant's state of health that might be caused by his deportation is in itself insufficient to substantiate this claim, which is accordingly considered inadmissible.

On the issue of the alleged forged affidavit confirming the complainant's conviction for murder, it is argued that no objective evidence, other than a report from an investigator, was provided to prove that the complainant is not one of the convicted persons.

If such unconfirmed information had been released at that stage, and with the indirect assistance of the Government of Sweden, it could have resulted in reprisals against the complainant.

Furthermore, the complainant's marital status remains uncertain, as the information he provided contains clear discrepancies.

Furthermore, the claim lacks the substantiation that is necessary in order to render the complaint compatible with article 22, and should therefore be declared inadmissible.

Furthermore, it notes the State party's statement that the complaint should be declared inadmissible for lack of substantiation.

The complainant was taken to the police station, accused of illegal arm trading, and subjected to torture including rape, to make her confess the crime.

On 6 May 1997, his complaint was rejected as the HREOC lacked jurisdiction in the matter.

In December 1997, the latter declared itself incompetent to handle the complaint and returned the case file to the Supreme Court.

However, the procedural documents did not indicate that the complainant designated the International Federation of ACAT as his representative, and it had not been established that the complainant is unable to instruct that organization to act on his behalf.

(c) The object of the complaint

5.2 Counsel denies that the complaint constitutes an abuse of the right of submission.

Even if the Court were now to grant the complainant's appeal, it was unrealistic to imagine that Algeria would return him to France.