AA.
Communication Wo. 457/1991, A.I.E. v. the Libyan
Arab Jamahiriya (decision of 7 November 1991.
adopted at the forty-third session^
Submitted by:
A.I.E. (name deleted)
Alleged victim;
The author
State party:
Libyan Arab Jamahiriya
Pate of communication:
18 February 1991
The Human Rights Committee, established under article 28 of the
International Covenant on Civil and Political Eights,
Meeting on 1 November 1991,
Adopts the following:
Decision on admissibility
1.
The author of the communication is A.I.E., an Eyptian citizen born in
1949 in Menofia, Egypt/ currently residing in Marseille, France. He claims to
be a victim of violations by the Libyan Arab Jamahiriya of his rights under
the International Covenant on Civil and Political Sights, without, however,
specifying which provisions of the Covenant he considers to have been
violated. The Optional Protocol entered into force for the Libyan Arab
Jamahiriya on 16 August 1989.
Facts as submitted by the author
2.1 On 17 April 1989, the author was arrested and detained by the Libyan
authorities, on suspicion of having collaborated with the French and Egyptian
secret services. He was tried before a military court and imprisoned. During
captivity he claims to have been tortured and ill-treated. On 15 June 1989,
he was brought to the airport and made to board a plane bound for Orly,
France. He is currently under constant medical care, which is said to have
become necessary because of the trauma suffered by the torture inflicted on
him in Libyan Arab Jamahiriya. The French "Commission Technique d'Orientation
et de Reclassement Professionnel" and several medical certificates confirm
that the author has become incapacited and that he suffers from "affective
disorder". His disability is evaluated at SO per cent.
2.2 The author states that he is in no position to exhaust Libyan remedies
given that, upon his release from prison, he was directly brought to the
airport and expelled to France, and therefore had no opportunity to avail
himself of any Libyan remedies. In France, he adds, he is unable to resort to
such remedies.
Complaint
3.
Although the author does not invoke any of the provisions of the
Covenant, it transpires from his submissions that he claims to be a victim of
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