United Nations Human Rights Website - Treaty Bodies Database - Document - Sessional/Annual Report of Committee -
information and substantiation of the claim that the author's house was searched by the police on 1
November 1989, in particular whether there were witnesses to this search and how the author found out
about it. The Committee also wished to be informed whether the police returned to the house to look for
the author on further occasions and when and under what circumstances the author went into hiding.
10.2 With regard to the author's passport, counsel was requested to elaborate on how the author obtained
his passport on 1 April 1990 and by whom the passport was issued. The Committee further appreciated
receiving information as to the precise date on which the author left his country and his means of
transportation. Counsel was requested to explain whether the author took any precautions and, if so,
what ones, so as to not be stopped at the border, since he was travelling under his own name. Finally, the
Committee wished to know what indications the author had that the police were looking for him at the
present time and why he believed that if he were returned he would be in danger of being subjected to
torture.
10.3 The Committee also wished to receive from the State party more detailed information regarding its
statement that it was not aware of returnees from Sweden being tortured or ill-treated upon return. The
Committee would appreciate it if the State party would clarify why the author's mother and his sisters
were allowed to stay in Sweden but not the author. In particular, the Committee would like to know
whether the distinction between the author and his mother and sisters was based solely on the exception
under article 1 F. of the 1951 Convention relating to the Status of Refugees, or whether additional
grounds existed to give the mother and sisters protection, but not the author.
11. Accordingly, on 8 May 1996, the Committee decided that the communication was admissible.
State party's observations on the merits
12.1 By its submission of 12 September 1996, the State party explains that its conclusion that no
consistent pattern of gross, flagrant or mass violations of human rights exists in Peru is based on recent
information received from the embassy in Lima. The embassy referred, inter alia, to the 1995 report of
the local Peruvian human rights organization, La Coordinadora, which supports the State party's
conclusion that it is mostly poor people, peasants and young criminals who are exposed to torture during
police interrogations.
12.2 The State party reiterates that there are no substantial grounds for believing that the author
personally would be at risk of being subjected to torture upon his return to Peru, and states that this
conclusion is based on information from its embassy in Lima with regard to the treatment of returned
Peruvians, who have unsuccessfully requested asylum abroad by referring to activities they carried out
for the benefit of Sendero Luminoso. The embassy has obtained this information through interviews and
contacts with well-informed persons and human rights organizations in Peru. The State party does not
reveal its sources for reasons of protection.
12.3 The State party acknowledges that the author's mother and sisters have been given de facto refugee
status because they belong to a family the members of which have been involved with Sendero
Luminoso. The State party adds that the author's mother and sisters had been given the benefit of the
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (93 of 109)16/10/2006 9:54:12 AM
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