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to Sudan where he and his brother, who was a member of the Communist party, published several
articles against the politics of the Islamic Front of Salvation.
2.2 During the coup d'état in Sudan in 1989, the author was on honeymoon in Egypt. It is said that his
brother advised him not to return to Sudan because the Islamic Front of Salvation was aware of his
articles and had questioned his brother about the author's whereabouts. The author then decided not to
return and took up postgraduate studies in Beirut. Through the Sudanese cultural attaché in Damascus,
his family in Sudan sent him money for his livelihood.
2.3 It is further stated that in December 1991, in a Sudanese club in Beirut, the author met members of a
Sudanese militia, whose political views are said to be similar to those of the Sudanese Government.
Reportedly, the author had a political discussion with the leader of the group, Mr. Sedki Ali Nagdi,
which turned into a violent clash. The author claims that the leader of the militia threatened to kill him
and warned him against returning to Sudan. Some days after this incident his apartment was allegedly
ransacked by members of the Hezbollah, which is said to have had contacts with the Sudanese militia.
2.4 After this incident, the author's wife returned to Sudan and the author moved to another district of
Beirut. The author first reduced and then ended all political activities in January 1992. In November
1992, he learned that his brother had been arrested by the Sudanese authorities in order to perform his
military service; it is said that he has since disappeared. The author's wife and parents have not been
harassed by the Sudanese authorities.
2.5 The author states that in November 1993 he was informed that the newly established Sudanese
embassy in Lebanon was planning to take certain dissidents back to Sudan by force. He claims that,
while he was visiting a friend, members of the Hezbollah came to look for him. He hid in the bathroom
and they left. The author claims that they came to kidnap him.
2.6 The author arrived in Switzerland on 5 May 1994 via the Italian border. The same day he filed a
request to be recognized as a refugee. On 20 September 1994, the Bundesamt für Flüchtlinge (Federal
Refugee Office) rejected his request. His appeal was rejected by the Asylrekurskommission
(Commission of Appeal in Refugee Matters) on 25 November 1994.
The complaint
3. The author argues that if forced to return to Sudan he would face an investigation in which torture is
commonly used. Also, deportation to Lebanon is said to cause danger to the author's life and limb
because he would be kidnapped and taken back to Sudan.
Committee's decision under rule 108
4. During its fourteenth session, the Committee decided to transmit the communication to the State party
for observations on admissibility and on the merits, and to request the State party not to expel the author
to Sudan or Lebanon while the communication was under examination by the Committee.
State party's submission on admissibility
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (67 of 109)16/10/2006 9:54:12 AM
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