CAT/C/28/D/180/2001
page 8
statement in the letter that “it is practically impossible for a Libyan national to have his passport
extended if he is an object of interest to the authorities”, but stresses that this is not the
complainant’s situation, since he had his passport extended on 25 October 1995, before his
problems with the authorities began. Since 8 March 2000, the complainant has unsuccessfully
tried to have his passport extended from the Libyan Embassy in Copenhagen.
5.2
With regard to the State party’s observations on the Amnesty International medical
report, counsel states that it cannot in all cases be expected to find physical signs of torture
three years after the torture took place, for instance in the case that the victim was subjected to
electrical shocks, “position torture”, blows or kicks to the body, and threats of continued torture
and rape. Counsel also points out that there is a physical finding in the medical report, regarding
the complainant’s swollen left foot, which according to the complainant is due to beatings on the
soles of his feet. Counsel further refers to an article in TORTURE, volume 11, where it is
criticized that psychological symptoms do not receive the same recognition by authorities as
physical symptoms.
Decision concerning admissibility and examination of the merits
6.
Before considering any claim contained in a complaint, the Committee against Torture
must decide whether or not it is admissible under article 22 of the Convention. 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 international procedure of
investigation or settlement. The Committee notes that the State party has raised objections to the
admissibility of the petition, and the Committee therefore has to consider the admissibility of
the case.
7.
In view of the State party’s allegations that the complainant has failed to establish a
prima facie case for the purpose of admissibility, the Committee considers that he has
sufficiently substantiated for purpose of admissibility, his claim that, if returned to Libya he risks
being subjected to torture.
8.
In accordance with article 3, paragraph 1, of the Convention, the Committee has to
determine whether there are substantial grounds for believing that the complainant would be in
danger of being subjected to torture if he returned to Libya. In order to do this, the Committee
must, in accordance with article 3, paragraph 2, take into account all relevant considerations,
including the existence of a consistent pattern of gross, flagrant or mass violations of human
rights. In other words, the existence of a consistent pattern of violations of human rights within
the meaning of article 3, paragraph 2, lends force to the Committee’s belief that substantial
grounds exist within the meaning of the paragraph.
9.
However, the Committee has to determine whether the person concerned would be
personally at risk of being subjected to torture in the country to which he would be expelled.
Consequently, the existence of a consistent pattern of gross, flagrant or mass violations of human
rights in a particular country does not in itself constitute a sufficient ground for concluding that a
given person would be in danger of being subjected to torture after returning to his country;
additional grounds must exist in order to conclude that the person concerned is personally at risk.