CAT/C/42/D/324/2007
Page 6
4.9 The State party recalls that it is the responsibility of the complainant to establish a prima
facie case for the purpose of admissibility. It contends that the complainant’s allegation that he
would be subjected to torture by the Lebanese authorities due to his former membership of the
Christian Democrats or Lebanese Forces, his suspected misappropriation of Lebanese Forces
funds, and his imputed pro-Israeli political opinion is inadmissible as manifestly unfounded,
because he has failed to substantiate his claim on the existence of a personal and present risk, for
him, in Lebanon.
4.10 In the State party’s view, although the complainant has claimed that a number of
circumstances place him personally at risk, he provides no evidence to show that under the
conditions currently prevailing in Lebanon, he would attract the attention from the authorities for
those reasons, or that this would amount to treatment which could be considered to be torture
under article 1 of the Convention. The communication relies on outdated country reports and
ignores that the Lebanese Forces are now part of the Government. The complainant provides no
evidence that the authorities would have any reason to subject him to torture based on his former
activities or based on his political opinions.
4.11 The State party notes the complainant’s assertion that the publication of his involvement in
the theft of the funds is likely to have attracted the authorities’ attention, and thus he is at risk to
be arrested and tortured. It notes that he has not provided evidence to show that his name was
ever published, that his alleged involvement in the theft is known in Lebanon, that he is sought
by the authorities, or that there would be any basis on which he could be detained or arrested in
this relation. In addition, according to the State party, nothing shows that the complainant in fact
ever misappropriated the funds in question. The complainant is said to have thus failed to
substantiate his allegations, and is therefore manifestly unfounded.
4.12 In the alternative, the State party submits that there are no substantial grounds for believing
that the complainant would be subjected to torture by the Lebanese authorities. It refers to the
Committee’s General Comment pursuant to which ‘[t]he author must establish that he/she would
be in danger of being tortured and that the grounds for so believing are substantial in the way
described, and that such danger is personal and present. All pertinent information may be
introduced by either party to bear on this matter’ (emphasis added).
4.13 The State party notes that the communication provides a bits of information on the
situation in Lebanon, dating from before 2005, and on the complainant’s past. Although the
International Obligations and Humanitarian Concerns Assessment of 13 February 2006
considered that it was possible that he might be exposed to torture upon return to Lebanon,
subsequent assessment of the complainant’s situation by the Australian authorities led to the
conclusion that there were no substantial grounds for such conclusion.
4.14 The State party acknowledges the existence of information that torture remains a problem
in Lebanon in relation to detainees, usually occurring during preliminary investigations at police
stations or military facilities. Arbitrary arrests and detention of particular groups of people have
also been reported. According to the State party however, much of the information provided by
the complainant pre-dates 2005, when the Syrian forces left and Lebanon “made significant
progress with respect to human rights under a democratically elected parliament and a reformoriented government.” In the State party’s view, although serious human rights abuses, including