CAT/C/49/D/385/2009
dated 23 February 2010 in support of his claim. On 9 July 2010, the Migration Board
decided not to grant the complainant a new examination, holding that both the Migration
Board and the Migration Court had found reason to question the credibility of his earlier
submissions, and that this new claim was merely an addition to those submissions. M.A.F.
did not appeal this decision, but subsequently submitted another new application to the
Migration Board for re-examination of his case, which was rejected on 26 October 2010.
The Migration Board held that, as there had been doubts regarding M.A.F.’s identity, the
letter he had submitted from the General People’s Committee for General Security
summoning the complainant to the Department of Internal Security on 8 April 2008 could
not be linked to him. Furthermore, the document was of a simple character and had been
submitted only in copy, and so had limited value as evidence. The complainant appealed
the Migration Board’s decision to the Migration Court. He submitted a letter that he
claimed was the original summons from the General People’s Committee for General
Security, but this letter differed in form and content from that submitted to the Migration
Board. On 17 January 2011, the Migration Court rejected the complainant’s appeal, holding
that neither the Board nor the Court had found that the complainant had made his identity
probable and that the document, given its simple character and the lack of details as to how
the complainant had obtained it, lacked real value as evidence. On 24 February 2011, the
Migration Court of Appeal decided not to grant leave to appeal.
6.4
On 16 September 2011, the complainants were registered by the Migration Board as
having absconded.
6.5
The State party notes that the Director for Legal Affairs at the Migration Board
issued “legal standpoints” concerning Libya on 21 February 2011, 17 June 2011 and 25
October 2011. The legal standpoint of 25 October 2011 states that there is no functioning
system for taking reasonable and necessary measures to prevent people being persecuted or
suffering serious harm in Libya. However, given the substantially improved security
situation, it may be possible, relevant and reasonable for a person to seek refuge elsewhere
in the country, depending on their individual situation. The standpoint identifies particularly
vulnerable groups, including those who risk being accused of loyalty to the previous
Qaddafi Government, and internally displaced persons belonging to particular minorities.
The standpoint notes reports of tensions in Tripoli, notably in and around districts in Abu
Slem traditionally loyal to Qaddafi. The State party considers that it is not likely that the
alleged risk of torture and the alleged threat of reprisals against the complainants still exist.
There is no information to suggest that the complainants belong to a group that is
particularly vulnerable, and the level and intensity of violence in Libya are not such that the
general security situation itself suffices to establish that removal of the complainants would
breach the State party’s obligations under article 3 of the Convention.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any complaint submitted in a communication, 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 procedure of international investigation or settlement.
7.2
The Committee also notes the State party’s confirmation, in its submission of 26
February 2010, that all domestic remedies have been exhausted pursuant to article 22,
paragraph 5 (b).
7.3
The State party submits that the complaint is “manifestly ill-founded” and should
not be examined on its merits. The Committee is of the opinion that the arguments before it
7