行政长官在同一天作出的一项裁决中确定阿尔及利亚为目的地国。
In a decision taken on the same day, he determined that Algeria would be the country of destination.
申诉人于2001年7月12日就驱逐出境令和将他遣返回原籍国的裁决向利摩日行政法院提出上诉。
On 12 July 2001, the complainant lodged an appeal with the Limoges Administrative Court against the deportation order and the decision to return him to his country of origin.
考虑到将申诉人遣返回阿尔及利亚将危及其安全，使人们对驱逐裁决的合法性产生严重怀疑，法院临时救济法官在2001年8月29日的法令中决定暂缓执行关于遣返回国的裁决。
In an order dated 29 August 2001, the court's interim relief judge suspended enforcement of the decision on the country of return, considering that the risks to the complainant's safety involved in a return to Algeria raised serious doubts as to the legality of the deportation decision.
然而，行政法院在2001年11月8日的判决中驳回对驱逐令和指定遣返国的上诉。
Nevertheless, in a judgement dated 8 November 2001, the Administrative Court rejected the appeal against the order and the designated country of return.
2.7 申诉人于2002年1月4日针对这项判决向波尔多行政上诉法庭提出上诉。
2.7 On 4 January 2002, the complainant appealed against this judgement to the Bordeaux Administrative Court of Appeal.
他指出，上诉没有暂缓执行效果。
He points out that such an appeal does not have suspensive effect.
他还提到国民议会最近的案例法，认为这两个相似案例 a 显示国内补救办法无效。
He also refers to recent case law of the Council of State which he maintains demonstrates the inefficacy of domestic remedies in two similar cases.a In those cases, which involved deportation to Algeria, the Council of State dismissed the risks faced by the persons concerned, but the Algerian authorities subsequently produced death sentences passed in absentia.
在这两个涉及驱逐回阿尔及利亚的案例中，国民议会拒绝考虑有关人员面临的危险，但阿尔及利亚当局随后通过缺席审判作出了若干死刑判决。
He also refers to recent case law of the Council of State which he maintains demonstrates the inefficacy of domestic remedies in two similar cases.a In those cases, which involved deportation to Algeria, the Council of State dismissed the risks faced by the persons concerned, but the Algerian authorities subsequently produced death sentences passed in absentia.
2002年9月30日，申诉人经由前往阿尔及尔的航班被驱逐回阿尔及利亚，至此一直失踪。
On 30 September 2002, the complainant was deported to Algeria on a flight to Algiers and has been missing since.
3.1 申诉人认为，法国将他驱逐回阿尔及利亚违反《公约》第3条，因为由于上述原因，他在原籍国确实有遭受酷刑的危险。
3.1 The complainant considers that his deportation to Algeria is a violation by France of article 3 of the Convention insofar as there are real risks of his being subjected to torture in his country of origin for the reasons mentioned above.
3.2 申诉人还出示了医生证明，说他患有严重神经性精神错乱，需要不断治疗，中断治疗会对他的健康产生不利影响。
3.2 The complainant, supported by medical certificates, also maintains that he suffers from a serious neuropsychiatric disorder that requires constant treatment, the interruption of which would adversely affect his health.
他的医生认为这些症状与他声称受到酷刑相符。
His doctors have considered these symptoms to be compatible with his allegations of torture.
此外，申诉人的身体显示遭受酷刑的迹象。
Moreover, the complainant's body shows traces of torture.
缔约国对可否受理申诉的意见
The State party's observations on the admissibility of the complaint
4.1 缔约国在2002年2月28日的口头照会中对可否受理申诉提出质疑。
4.1 In a note verbale dated 28 February 2002, the State party challenged the admissibility of the complaint.
4.2 缔约国的主要论点认为，申诉人未能用尽《公约》第22条第5款意义内的国内补救办法。
4.2 As its main argument, the State claimed that the complainant had not exhausted domestic remedies within the meaning of article 22, paragraph 5, of the Convention.
在向委员会提交申诉的当天，向波尔多行政上诉法庭对维持驱逐申诉人令的判决提出的上诉案件仍在审理之中。
On the date that the complaint was submitted to the Committee, the appeal to the Bordeaux Administrative Court of Appeal against the judgement upholding the order to deport the complainant was still pending.
此外，没有理由认为这一程序会超过适当时间。
Moreover, there were no grounds for concluding that the procedure might exceed a reasonable time.
4.3 关于申诉人认为这类上诉不会暂缓执行驱逐令，缔约国认为，申诉人可以选择向行政上诉法院临时救济法官申请暂缓执行驱逐令。
4.3 With regard to the complainant's argument that such an appeal did not suspend the deportation order, the State party maintained that the complainant had the option of applying to the interim relief judge of the Administrative Court of Appeal for suspension of the order.
申诉人的确向利摩日行政法院成功提出这一上诉。
Indeed, the complainant had successfully made such an appeal to the Limoges Administrative Court.
4.4. 其次，缔约国认为，申诉人没有按照委员会议事规则第107条第1款(b)项“来文应由有关个人本人或其亲属或指定代表提交；但当受害者似不能亲自提交来文且来文提交人又证明他有理由代表受害者提交时……”的规定提交来文。
4.4 Secondly, the State party maintained that the complaint submitted to the Committee was not in keeping with the provision of rule 107, paragraph 1 (b), of the rules of procedure that “the communication should be submitted by the individual himself or by his relatives or designated representatives or by others on behalf of an alleged victim when it appears that the victim is unable to submit the communication himself, and the complainant of the communication justifies his acting on the victim's behalf”.
然而，程序文件没有说明申诉人已指定基督徒废除酷刑行动国际联合会为其代表，也没有证明申诉人无法指示该组织代表其行事。
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.
因此，必须确定在申诉上签字的人是否有权代表申诉人行事。
It therefore had to be ascertained whether or not the purported representative, who signed the complaint, was duly authorized to act on the complainant's behalf.
5.1 律师在其2002年10月21日的信函中对缔约国关于可否受理的意见作出评论。
5.1 In a letter dated 21 October 2002, counsel set out her comments on the State party's comments as to admissibility.