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.