CAT/C/28/D/180/2001
page 3
Decision
1.1
The complainant is F.F.Z., a Libyan citizen, born on 29 September 1968, currently
residing in Denmark, where he seeks asylum. He claims that his return to Libya after dismissal
of his refugee claim would constitute a violation by Denmark of article 3 of the Convention. He
is represented by counsel.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee transmitted
the complaint to the State party on 11 April 2001. Pursuant to rule 108 of the Committee’s rules
of procedure, the State party was requested not to expel the complainant to Libya pending the
consideration of his case by the Committee. The State party confirmed in their submission
of 12 June 2001, that the complainant will not be expelled while his complaint is pending.
The facts as submitted
2.1
The complainant lived in the city of Benghazi in Libya since he was born. He finished
his degree in economics in 1992, and held his own shop from 1993 till his departure from Libya.
His cousin A.A. was a member of the Islamic Movement Al-Jama’a al-Islamiya al-Libya
(hereinafter called Al Jama’a). The complainant spent a lot of time with his cousin, and the
cousin often borrowed his car, which drew the attention of the Security Service to the
complainant. The complainant also supported Al Jama’a, and he frequently attended meetings in
the mosques.
2.2
In 1989, Al Jama’a members clashed with the authorities, whereupon the Security
Service arrested all persons with connections to the Islamic movement. The complainant was
arrested, blindfolded, and taken to an unknown place, where he underwent interrogation during
which he was subjected to violence, and forced to confess that he was involved in the Islamic
movement. The interrogations lasted two hours, after which the complainant was taken to a cell.
Questioning was repeated two days later. After nine days in detention, he was released after
having been ordered to cut his links with the Islamic movement.
2.3
From May 1995 until May 1996, he participated in the collection of money for relatives
of political prisoners, on the initiative of Al Jama’a. Then, in July 1995, the Security Service
came to his shop and brought him to a plantation area outside Benghazi, where he was
interrogated for 3-4 hours about his movements and contacts since his arrest in 1989, and then
released.
2.4
On 21 May 1996, the Security Service executed the complainant’s cousin A.A.
extrajudicially for his participation in Al Jama’a. The execution of A.A. is also stated in
Amnesty International’s report on Libya for 1997. The night to 22 May 1996, the complainant
was dragged out of his bed and handcuffed by the Security Service. He was then brought in the
boot of a car to a police station where he was confined to a cell, whereupon he was placed facing
the wall and exposed to threats and verbal abuse from two persons. After he had stood upright
on the same spot for several hours, the Security Service started inquiring the complainant about
his contacts and their political activities. He was beaten with fists, the palm of the hand, rifle
butts, and kicked, all while he was verbally harassed. After the inquiry, the complainant was
brought back to his cell, where he was placed facing the wall, blindfolded and handcuffed.

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