CAT/C/35/D/237/2003 Page 5 2.5 By the end of 1999, after her husband published an article unmasking a gang of organized crime which included former members of the military and the police, the complainant received more death threats. Her husband was told that he would be killed unless he went into hiding. They received another telephone call threatening that their daughter would be raped if she came back from Sweden where she was visiting her grandmother. In 2000, when the complainant was returning home from a political meeting, she was attacked by people who were driving a vehicle with tainted windows, and tried to run her over. As the family feared for their lives, they moved to another house which was later on destroyed in an earthquake in January 2001 On 16 March 2001, they fled to Sweden where they applied for asylum on the basis of political persecution, as well as having become victims of torture and natural disaster. The family received judicial assistance and attended an asylum hearing. The complainant was provided with psychological treatment and diagnosed with post-traumatic stress disorder caused by the experience of torture. The Swedish immigration authorities reopened the family’s case and, on 15 March 2002, rejected their asylum claim, stating that the human rights situation in El Salvador had improved, that the threats had ceased after 2000 and that the complainant’s health had improved. After unsuccessful appeals, the family was deported to El Salvador on 21 March 2003. 2.6 Upon arriving to San Salvador, the family settled in Soyapango, the same place where the complainant had been tortured at first. This situation allegedly had an enormous psychological impact on the complainant. On 31 March 2003, while the complainant and her daughter were driving in a taxi, they were abducted by gunmen who ordered them to get off the taxi and forced them into another vehicle, where they hit them with the guns, ordered them to stay with their faces towards the floor of the car and pretended to shoot them. The kidnappers behaved in the same manner and followed patterns identical to those that the police had used when they had previously captured the complainant. They searched the complainant’s bag and passports. The complainant and her daughter were released after 30 minutes and left in a solitary wasteland close to a highway. The men warned them not to denounce the incident to the police. In the days following the incident, the complainant’s neighbours were visited by individuals who inquired about her and told them that she was a “communist”. Her husband denounced the event to the police, which registered the case as a robbery. 2.7 On 15 April 2003, after contacting the Salvadorian Lutheran Church, the family moved to a she lter in San Salvador. They fled to Sweden on 27 May 2003 and applied for asylum on 5 June 2003. On 11 June 2003, the Swedish immigration authorities rejected their application and ordered their immediate expulsion from Sweden. On 31 July 2003, the appeal was rejected. The complainant alleges that there is no other remedy available to her or her family to challenge the expulsion order, and that she has exhausted domestic remedies. The complaint 3.1 The complainant submits that she fears being subjected to torture and being killed if deported to El Salvador. Although state agents are not directly involved in the threats against her life and personal integrity as well as the life and personal integrity of her family, the State’s responsibility is said to be engaged because of the impunity with which death squads operate, and because the death squads are financed both by right-wing personalities and the ruling party, and their members have infiltrated the New National Civil Police which conducts a policy of terror against FMLN’s members.

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