CAT/C/42/D/324/2007
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torture, remain a problem, it is clear that the political and human rights situation has changed
since 2005 in ways significant to the present case.
4.15 The State party observes that the complainant has claimed that a number of particular
factors expose him personally to a risk of torture in Lebanon. It reiterates that available
information on Lebanon shows that in terms of behaviour which might constitute ‘torture’ for the
purposes of article 1 of the CAT, the risk in Lebanon mainly exists for detainees. The
complainant would therefore need to demonstrate that he is personally at risk of being detained
in Lebanon after his return.
4.16 With reference to the complainant’s claim that because of his former membership of the
Christian Democrats or the Lebanese Forces, he is at a ‘high risk’ of being tortured by the
authorities, the State party acknowledges that Lebanon remains beset by ongoing political
instability. The political environment is at an impasse with a stand-off between the coalition
government of the Prime Minister and its opponents led by Hezbollah, in alliance with Christian
Leader General Michel Aoun’s Free Patriotic Movement. However, the Lebanese Forces form
part of the current ‘March 14 Alliance’ Government, having won six seats of the 72 won by the
ruling coalition in 2005, and one Minister is from the Lebanese Forces Party. According to the
State party, there are therefore no substantial grounds for believing that a person would be
subjected to torture by the authorities simply by virtue of his former membership of the Lebanese
Forces.
4.17 The State party recalls that in support of his allegations, the complainant cites an NGO
report, based on the situation under the previous Lebanese Government and occupation by
Syrian armed forces. No information was provided about the political situation as it currently
stands in Lebanon, and there is no evidence that the complainant would currently face
persecution by the authorities due to his former membership of the Lebanese Forces.
4.18 The complainant has also explicitly referred to another report (2005), which notes that
torture remains a problem in Lebanon. The examples given, however, are irrelevant to his
situation. He has provided no evidence that former Lebanese Forces members are currently
mistreated at the instigation of or with the consent or acquiescence of Lebanese authorities or by
persons acting in an official capacity.
4.19 On the claim that the complainant’s involvement in the theft of funds would expose him to
torture upon return, the State party affirms that there are no grounds to believe that he would be
personally at risk. He has provided no evidence that his involvement in the theft is known in
Lebanon. Details of the theft were mentioned in a local German newspaper outlining his
involvement in planting drugs, but his full name was never published. The State party explains
that after a review of German newspapers, it found no articles mentioning his name.
4.20 The State party notes that Mr. Z is now deceased, and even if the complainant affirms to
have spoken to Z’s wife subsequently, there is no suggestion that she knew about the stolen
money. The State party concludes that there are no grounds for believing that the complainant’s
involvement in the theft would increase the risk of being tortured by or at the instigation of, or
with the consent or acquiescence of a public official in Lebanon.