(c) The object of the complaint

The Claim

The claim

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.

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

Comments by the complainant

The complainant's submission

The complainant's comments

In this context, the credibility of the complainant's evidence assumes greater importance and concerns both the admissibility and the merits of the case.

Additional comments by the State party and the complainant

Explaining that servicemen who were suspected of being linked to or sympathizing with the Islamists regularly disappeared or were murdered, he escaped from the base and took refuge in Ain Defla, where his family lived.

It states that he was able to, and did, confront and cross examine the police officers and social workers, who had also signed the complaint against him (and were therefore also his accusers), and who testified in court.

At the time the complainant submitted his case to the Committee, i.e. more than 23 months after the submission of the criminal complaint, no response had been received from the Public Prosecutor.

(a) That the complaint is inadmissible and

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

With respect to the exhaustion of domestic remedies, the Committee took note of the information provided by the complainant about the criminal complaint that he filed with the Public Prosecutor.

It cited the fact that the information about the torture to which the complainant had been subjected had not been disclosed prior to the Aliens Appeal Board as one of the reasons for questioning the complainant's claims.a

In the complainant's case, the Migration Board took its decision after conducting two comprehensive interviews with the complainant.

Before dying, the complainant's brother told a colleague that it was the complainant himself who had been the target.

As the Public Prosecutor failed formally to dismiss his complaint, the complainant concludes that he was denied the right personally to take over the prosecution of the case.

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.

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.

You are always complaining.

Control over the person of an applicant

The facts as presented by the complainant

The facts as submitted by the complainants

(a) That the complaint is inadmissible and

The complaint had been lodged by the United States of America.

The Committee decides on a complaint in the light of all information made available to it by the complainant and the State party.

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

Supplementary submissions of the State party and the complainant

He continued to carry out his political activities in other parts of the country.

Such exceptional circumstances have not been presented in the complainant's case

Frustration of the right under article 22 to exercise the right of complaint to the Committee

5.1 As to the admissibility of the complaint, the complainant maintains that the evidence submitted fulfils the minimum standard of substantiation that it is required in order to make the complaint compatible with article 22 of the Convention.

6.4 The Committee considers that the complaint raises issues relating to article 14, paragraph 5, of the Covenant it decides that it is admissible and proceeds to a consideration of the merits.

2.4 Later, when the complainant was helping a friend wash his car, a vehicle stopped alongside them and a submachine was fired in their direction. The complainant's friend was killed on the spot the complainant survived because he was inside the car.

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

Cat n 1 What are the charges against the exposition?

Alleged victim(s) The complainant

Complaints regarding detention of individuals are filed

Alleged victim Complainant