CAT/C/42/D/324/2007
Page 10
5.4 With respect to the State party’s remark about the missing evidence that he is presently
wanted in Lebanon, the complainant claims that regardless of whether or nor he is wanted, his
return to, and presence in, Lebanon would suffice to attract adverse attention from the authorities
and place him at risk of torture.
5.5 In relation to his fear of retribution from Palestinian militias, the complainant affirms that
given his relationship with the Lebanese authorities, there is a real chance that the authorities
would acquiesce in incidents of torture perpetrated against him by Palestinian militias, “insofar
as they would (not) stop acts of torture perpetrated against” him by Palestinian militias were
“they known by the Lebanese authorities”.
5.6 The complainant concludes that the State party’s observation that the Administrative
Appeals Tribunal did not find that he had committed war crimes/crimes against humanity is
irrelevant. According to him, the mere perception or even suspicion by Palestinian groups that he
was involved in the Sabra and Chatila massacre would be a sufficient ground for targeting him.
Issues and proceedings before the Committee
Consideration of admissibility
6.1 Before considering any claims contained in a complaint, the Committee against Torture
must decide whether or not it is admissible under article 22 of the Convention.
6.2 The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of
the Convention, that the same matter has not been and is not being examined under another
procedure of international investigation or settlement.
6.3 In accordance with article 22, paragraph 5 (b), of the Convention, the Committee does not
consider any communication unless it has ascertained that the complainant has exhausted all
available domestic remedies. The Committee notes that it is uncontested that domestic remedies
have been exhausted and thus finds that the complainants have complied with article 22,
paragraph 5 (b).
6.4 The State party submits that the communication is partly inadmissible as manifestly
unfounded, and partly as some of the complainant’s allegations fall outside of the scope of the
Convention. The Committee considers, however, that the arguments put forward by the
complainant raise substantive issues, which should be dealt with on the merits. Accordingly, the
Committee finds the communication admissible.
Consideration of merits
7.1 The issue before the Committee is whether the complainant's removal to Lebanon would
constitute a violation of the State party's obligation, under article 3 of the Convention, not to
expel or return a person to a State where there are substantial grounds for believing that he/she
would be in danger of being subjected to torture.