Concerning Mr. F.F.Z. vs Denmark for violation of articles 3 and 22 of CAT.
The complainant lived in the city of Benghazi in Libya since he was born. 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.
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 detained and tortured on three occasions hereafter. Thus he fled to Denmark and applied for asylum. The Danish authorities rejected his application and therefore, a complaint was sent to CAT.
The State party pointed out that none of the three arrests to which the complainant was subjected, were related to his political activities. The State party noted that there were general arrests of many people and not an individual persecution of the complainant. Thus, the Committee considers, that the political activities that the complainant claims to have carried out, are not of such a nature as to conclude that he runs a real risk of being tortured upon his return. The Committee, therefore, concludes that the removal of the complainant to Libya would not constitute a breach of CAT.
20. July 2021