CAT/C/42/D/324/2007 Page 9 although some doubts may then have existed as to the reach of its territorial authority and its permanence. In that case, acts of non-state entities in Somalia did not fall within the exceptional situation in Elmi, and therefore fall outside the scope of article 3 of the Convention. 4.27 In the State party’s opinion, despite constant political instability, Lebanon has a Government which cannot be seen to be wholly lacking a central authority. Therefore, the complainant’s claim to be at risk of revenge attacks and harm by Palestinian groups or by Hezbollah falls outside the scope of the Convention and is thus inadmissible. 4.28 Although the complainant refers to his International Obligations and Humanitarian Concerns Assessment of 13 February 2006, and affirms that former participants in the massacres have been assassinated – including in countries outside Lebanon – in 2002, the State party points out that there is no evidence that such attacks still occur. There is no evidence that the complainant’s involvement in the massacre was known in Lebanon. The Administrative Appeals Tribunal has concluded that there was no evidence that the complainant was directly involved in the massacre and that there were no reasons to believe that he had committed a war crime or crime against humanity. The Tribunal concluded that it was not implausible that he would have been promoted after the massacre because he was Palestinian. 4.29 The State party adds that the opposition in Lebanon, including Hezbollah, sees the formation of a national unity agreement. Hezbollah and the Free Patriotic Movement issued a joint statement on 6 February 2006, which stated “[t]o turn the page of the past and have a global national reconciliation, all the outstanding files of the war must be closed.” The State party concludes that the complainant’s claims in this connection are unsupported by evidence to demonstrate that in the current circumstances in Lebanon, there would be substantial grounds for believing that he would be subjected to torture by Palestinian groups or by Hezbollah. Complainant’s comments on the State party’s observations 5.1 On 4 August 2008, the complainant affirmed that his initial submission contains sufficient information about the existence of a risk of torture if he is forcibly removed to Lebanon. He notes that the State party has observed that while in February 2006 the International Obligations and Humanitarian Concerns Association (ITOA) found that he would face a risk of torture if returned to Lebanon, this risk no longer existed at present. At the same time however, the State party acknowledges that Lebanon endures ongoing instability. 5.2 The complainant contends that despite recent changes in Lebanon, the situation has not been resolved to the extent that the risk of torture he faces has dissipated. Torture is not specifically prohibited under Lebanese law. Since the ITOA assessment of 2006, there have been reports that the Lebanese authorities continue to perpetrate torture. According to the complainant, there is strong evidence to support the assertion that Lebanon remains unstable, and the authorities don’t have full control over Palestinian militia groups. 5.3 The complainant notes that the State party contends that there is no evidence that he misappropriated funds from the Lebanese Armed Forces. The misappropriation of funds was used as one of the arguments to refuse him a protection visa by the Department of Immigration.