CAT/C/42/D/324/2007
Page 3
The facts as presented by the complainant
2.1 The complainant is a Christian and former member of the Lebanese armed forces. In 1975,
then aged 15, he joined the Christian Democrats (Phalangists) militia. In 1982, his unit
participated in the Sabra and Chatila massacre.
2.2 Shortly afterwards, he became a close assistant to the militia’s leader, Mr. Z; he became
aware of a number of illegal acts. He also travelled with Mr. Z to Switzerland to deposit funds
stolen from Phalangist militia in various bank accounts, including on one on his own name. As
he feared he might be harmed, he began to make copies of sensitive documents to protect himself.
In 1984, the Phalangist party changed allegiance from Israel to Syria. The party then split into
two factions: one headed by Mr. Z, in favour of Syria, and a second which the complainant
supported. He feared that Mr. Z would begin to threaten him.
2.3 In July 1988, the complainant travelled to Germany and was granted asylum there. He
learned that members of the Phalangist militia participant in the Sabra and Chatila massacre had
been attacked and killed by other groups, including Fatah and Hezbollah. He was not concerned,
as he thought that people in Lebanon believed him to be dead.
2.4 Later in 1998, Mr. Z located the complainant in Germany and began to threaten him, his
wife, and their children, causing his wife to leave him. The complainant then paid several
German police officers to protect his wife and children. Later, he was arrested and charged with
attempting to bribe police officers. He was sentenced to 4 years and 3 months imprisonment by
the Regional Court of Dusseldorf.
2.5 The complainant feared that the publicity surrounding his conviction would draw the
attention of the Lebanese authorities. After his release, he obtained a false Slovenian passport
and an Australian tourist visa and travelled to Australia in March 2002. On 7 October 2002, he
applied for asylum. His application was rejected by the Department of Immigration and
Citizenship on 20 August 2003. The Department found that he was not a refugee as article 1 F (a)
and (b) of the 1951 Convention excludes protection for those for whom there are serious reasons
for considering that they have committed (a) crimes against peace, war crimes, or crimes against
humanity; (b) a serious non-political crime.
2.6 The Department found that the complainant’s involvement in the massacre of Sabra and
Chatila constituted a war crime and a crime against humanity. His alleged embezzlement of
money, and tax evasion in Germany and his conviction there, were found to give rise to “serious
reasons” for considering that he had committed serious non-political crimes outside Australia.
2.7 The complainant appealed the Department’s decision, and on 29 April 2005, the
Administrative Appeals’ Tribunal reversed the Department’s findings in relation to Article 1F (a),
holding that there was insufficient evidence to support the conclusion. The Tribunal also
reversed the Department’s decision in relation to the tax dispute in Germany. The Tribunal
confirmed, however, that article 1F(b) applied, as the complainant had stolen money from Mr. Z
and was accessory to the theft by Mr. Z or as there were serious reasons to consider that he had
committed these crimes, and he had bribed German police officers.