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Comments by the complainant:
5.1
In her comments of 27 March 2002, the complainant recognizes that the State party does
not contest her statements on factual grounds, but rather in respect of the fact that she would run
the risk of being subjected to torture if she returned to Venezuela. The complainant nevertheless
maintains that there is a clear danger that she would be put on trial and given a long prison
sentence and that there is therefore also a danger that she would be subjected to torture in a
Venezuelan prison, in violation of article 3 of the Convention.
5.2
With regard to the arguments of the State party that the complaint should be declared
inadmissible ratione materiae, the complainant says that, when she left her post, she lost the
protection of her status as a civil servant and became exposed to harassment and threats by the
ONI and the DEX, where she was told she would be accused of having forged the documents
herself. The complainant argues that, since the threats come from persons who are still in high
political office, it is very doubtful whether she would receive a fair trial. She adds that the
decisions taken by the State party in this case are based on erroneous information, so that they
fail to distinguish between the Attorney-General on the one hand and the ONI and the DEX on
the other or to take account of the fact that the head of the ONI was at no time her supervisor. In
addition, while the complainant acknowledges that she had stated during questioning by the
officials of the National Migration Board that torture was not permitted in Venezuela, she had
also stated that she feared torture and the conditions in Venezuelan prisons.
5.3
With regard to the State party’s arguments regarding the merits of the case, the
complainant says that she has substantial grounds for fearing for her safety and that the State
party’s argument that the general conditions in a country do not constitute sufficient grounds for
determining whether a person returning to the country would be in danger of being subjected to
torture is unconvincing. Moreover, despite the so-called improvements introduced by
President Chávez, the degree of corruption within the Venezuelan administration is common
knowledge. What is more, the complainant continues, the State of Venezuela itself has
established that more than one person a day is tortured.
5.4
The complainant rejects the State party’s arguments that she was never a member of any
political party or politically active: while she may have been only a civil servant, the fact that
those responsible for the forgeries were political officials entailed political implications which
give her substantial grounds for fearing for her safety on returning to the country. With regard to
the State party’s argument that the head of ONI has not been arrested, the complainant says that
is not a point that can be used as evidence that she will be safe, since the powerful always protect
the powerful.
5.5
Lastly, the complainant reiterates that the current situation in Venezuela following the
coup d’état against President Chávez makes her more fearful than ever for her safety if she
returns to the country.
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