CAT/C/49/D/385/2009 and his family would risk kidnapping or torture if returned, in particular due to his wife’s cousins having fought on the side of Qaddafi during the civil war, but provided no documentary evidence in support of these claims. 8.7 The Committee is aware of the human rights situation in Libya but considers that, in particular given the shift in political authority and the present circumstances, the complainants have not substantiated their claim that they would personally be at risk of being subjected to torture if returned to Libya. 8.8 The Committee considers, on the basis of all the information before it, that there is no ground to conclude that the complainants would face a foreseeable, real and personal risk of being subjected to torture if returned to Libya. The Committee therefore concludes that their removal to that country would not constitute a breach of article 3 of the Convention. 9. The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes that the complainant’s removal to Libya by the State party would not constitute a breach of article 3 of the Convention. [Adopted in English, French and Spanish, the English text being the original version. Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s annual report to the General Assembly.] 9

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