CAT/C/35/D/237/2003
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grounds for believing that she and her family would be in danger of being tortured if returned
to El Salvador, and that the enforcement of the expulsion order would not constitute a
violation of article 3 of the Convention.
Complainant’s comments on State party’s submissions
5.1 The complainant alleges that she has advanced solid grounds to substantiate her claim
that she and her family face a personal, real and foreseeable risk of being subjected to torture
if returned to El Salvador, and she contends that the March 2003 incident was carried out by
armed men who acted in a pattern identical to that used by death squads. The complainant has
continued experiencing harsh consequences as a result of the torture she was subjected to.
5.2 The complainant contends that even after the signing of the Peace Accords in 1992, the
intelligence state service still operates with total impunity against leftist militants. Even after
the Peace Accords, there have been at least 20.000 violent deaths, and several targeted
murders and attacks against leftist militants by “unknown persons”. According to the United
Nations Development Programme, El Salvador is the second most violent country after
Colombia. The complainant invokes several press reports about violent incidents to
demonstrate the level of political violence in El Salvador. She adds that in the past few
months’ 17 FMLN members were wounded while participating in political demonstrations.
5.3 The complainant, while conceding that the FMLN is a legal party represented in
Parliament, contends that it is not able to secure the life of several persons that, like the
complainants, are mentioned in the archives of the death squads or in the archives of the State
Intelligence Service, entities which operate with autonomy. The ruling Arena party is a rightwing political party which is said to have backed up the death squads, the murderers of
Bishop Oscar Romero, and of six Jesuits priests as well as hundreds of murders and attacks
against human rights activists. The complainant invokes information emanating from the
Central Intelligence Agency (CIA) to the effect that Roberto D’Aubuisson, the founder of
Arena, was in the 80’s the leader of one of the death squads and participated in the planning
of Bishop Romero’s assassination; members of Arena are involved in death squads activities;
and death squads recruit former members of the military and the police. According to the
same report, ARENA and members of the military support right-wing terrorism. This and
other reports confirm that the illegal armed groups and parallel structures of power have not
been dismantled, and that ARENA continues to financing and supporting the right-wing
extremist terrorism.
5.4 The complainant recalls that the Salvadorian Human Rights Ombudsman had
denounced, in 2003, that torture was inflicted by the police on detainees, and that she had
received death threats as a result.
Issues and proceedings before the Committee
6.1 Before considering any claims contained in a complaint, the Committee against
Torture must decide whether or not it is admissible under article 22 of the Convention. The
Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the
Convention, that the same matter has not been and is not being examined under another
procedure of international investigation or settlement. The Committee further notes that
domestic remedies have been exhausted, as acknowledged by the State party, and that the
complainant has sufficiently substantiated the facts and the basis of the claim, for purposes of