CAT/C/37/D/280/2005
page 5
He added that he was “afraid of going back to prison”. These assertions apparently contradict
the statements made by the complainant during his cantonal hearing, where he claimed that he
had been continually persecuted after his release in 1995 owing to his dissemination of ideas
relating to freedom of expression and a multiparty system. Even if the complainant later
changed the reasons for his flight by referring to persistent harassment and ill-treatment because
of his political convictions, the situation of dissidents in the Libyan Arab Jamahiriya does not in
itself make it possible to conclude that he is likely to be subjected to torture on return to his
country. The State party adds that the complainant has not provided the least shred of evidence
that would make it possible to conclude that the security forces had continued to harass or
maltreat him after his release. The 1997 summons instructing the complainant to report to the
El Barak security office cannot alter this conclusion.
4.5
The State party recalls that the complainant not only remained in the Libyan Arab
Jamahiriya for eight years after his release but also that he returned after a trip to Egypt in 2001.
On that occasion, in spite of the fact that the complainant, according to his own allegations, had
been forbidden to travel by the authorities, no proceedings were instituted against him, although
the authorities had stamped his passport on his departure and return to the country. The State
party also finds it surprising that the complainant had been able to obtain a passport without any
difficulty in August 1998.
4.6
The State party notes that there were a number of inconsistencies in the supporting
documents from non-governmental organizations attached to the complainant’s appeal to the
Asylum Review Board and that, in particular, contrary to the statements made by the
complainant during the cantonal hearing to the effect that he had always worked alone, some of
these documents maintain that he had been active in political groups. For the most part, these
documents mention only that the complainant had been imprisoned between 1989 and 1995.
4.7
The State party also takes note of the two letters from members of the complainant’s
family, dated 5 March 2004 and 6 June 2005, in which they claimed that they were being
harassed by the security forces and felt forced to move. It notes that the complainant himself had
never felt such a need. The State party finds it surprising that the complainant did not inform the
Asylum Review Board of the existence of the letter of 5 March 2004 when he submitted further
observations concerning his appeal.
4.8
The State party concludes that the application is completely unfounded and requests the
Rapporteur for new complaints and interim measures to lift the interim measures and the
Committee to consider the complaint at its earliest convenience.
Comments by the complainant on the State party’s observations
5.1
The complainant notes that the appeal lodged with the Geneva Administrative Tribunal
has been withdrawn because it is no longer necessary following his release.
5.2
He reiterates the facts, particularly his detention for six years in the Libyan Arab
Jamahiriya and the torture to which he was subjected. He refers to a medical certificate issued
in April 2006 by a physician of the Geneva University Hospitals who specializes in the treatment
of victims of torture and war attesting to the existence of physical and psychological after-effects
that are consistent with the complainant’s allegations.