CAT/C/37/D/280/2005
page 7
State party, 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 would be in danger of being subjected to
torture.
7.2
The Committee must determine, pursuant to article 3, paragraph 1, whether there are
substantial grounds for believing that the complainant would be in danger of being subjected to
torture if he was returned to the Libyan Arab Jamahiriya. In order to take such a decision, the
Committee must take account of all relevant considerations, in accordance with article 3,
paragraph 2, including the existence of a consistent pattern of gross, flagrant or mass violations
of human rights. However, the aim of such an analysis is to determine whether the complainant
runs a personal risk of being subjected to torture in the country to which he would be returned.
The Committee recalls its established jurisprudence whereby the existence in a country of a
consistent pattern of gross, flagrant or mass violations of human rights does not as such
constitute sufficient grounds for determining that a particular person would be in danger of being
subjected to torture on return to that country.2 Additional grounds must be adduced to show that
the individual concerned would be personally at risk. Conversely, the absence of a consistent
pattern of flagrant violations of human rights does not mean that a person might not be subjected
to torture in his or her specific circumstances.
7.3
The Committee recalls its general comment No. 1 on the implementation of article 3, in
which it states that it is obliged to assess whether there are substantial grounds for believing that
the complainant would be in danger of being subjected to torture if he or she were returned to the
country concerned, and that the existence of such a risk must be assessed on grounds that go
beyond mere theory or suspicion. While the risk does not have to meet the test of being highly
probable, the danger must be personal and present. It also notes that the State party contends that
there is no temporal link between the complainant’s detention and his flight from the country,
and that the complainant’s statements contain many inconsistencies and contradictions. It takes
note of the information supplied by the complainant in that regard, particularly that he had been
ill at ease during his first interview, as well as the documents supporting his application for
asylum in Switzerland.
7.4
Nevertheless, and leaving aside his past activities, the complainant has submitted to the
Committee in connection with this communication attestations from organizations of Libyan
refugees in Europe indicating the support he has provided to their organizations, as well as his
earlier political activities before he left the Libyan Arab Jamahiriya, and his relations with
opposition religious movements which are banned in the Libyan Arab Jamahiriya and whose
members are persecuted. The complainant has also referred to meetings with representatives of
the Libyan consular authorities in Geneva, who had objected to his having lodged a request for
political asylum. Lastly, he has submitted a copy of a medical certificate dated 24 April 2006 in
which a specialist in post-traumatic disorders from a Geneva hospital identified a causal link
between the complainant’s bodily injuries, his psychological state and the ill-treatment he
described at the time of his medical examination. According to this doctor, in his present
psychological state, the complainant does not appear capable of coping with a forcible return to
the Libyan Arab Jamahiriya, and such coercive action would entail a definite risk to his health.
The State party has made no comments in this regard. In the specific circumstance of this case,
and in particular in the light of the findings in the above-mentioned medical report on the
presence of serious after-effects of the acts of torture inflicted on the complainant, his political
activities subsequent to his departure from the Libyan Arab Jamahiriya (as described in