6.3 The issue before the Committee is whether the forced return of the
author to Ecuador would violate the obligation of Denmark under article 3
of the Convention not to expel or to return a person to another State where
there are substantial grounds for believing that he or she would be in danger
of being subjected to torture.
6.4 The Committee must decide, pursuant to article 3, paragraph 1, of the
Convention, whether there are substantial grounds for believing that the
author would be in danger of being subjected to torture upon return to
Ecuador. In reaching this decision, the Committee must take into account all
relevant considerations, pursuant to article 3, paragraph 2, including the
existence of a consistent pattern of gross, flagrant or mass violations of
human rights. The aim of the determination, however, is to establish
whether the individual concerned would be personally at risk of being
subjected to torture in the country to which he or she would return. The
existence of a consistent pattern of gross, flagrant or mass violations of
human rights in a country does not as such constitute a sufficient ground for
determining that a particular person would be in danger of being subjected
to torture upon his or return to that country; specific grounds must exist
indicating that the individual concerned would be personally at risk.
Similarly, the absence of a consistent pattern of gross violations of human
rights does not mean that a person cannot be considered to be in danger of
being subjected to torture in his or her specific circumstances.
6.5 From the information submitted by the author, the Committee notes the
author's activities for women's rights in Ecuador. It further notes that the
State party, although expressing doubts as to the complete veracity of the
author's account, do not necessarily dispute that the author might have
encountered difficulties with the Ecuadorian authorities because of her
political activities. The Committee recalls, inter alia, that the author has
carried out her political activities as a member of a lawful political party of a
country which has ratified not only the Convention against Torture, but has
also made the optional declaration under article 22 of the Convention.
6.6 The Committee notes that for the purposes of article 3 of the
Convention, the individual concerned must established that he or she faces a
foreseeable, real and personal risk of being tortured in the country to which
he or she is returned.
6.7 It is the view of the Committee that the information presented by the
author does not show substantial grounds for believing that she runs a
foreseeable, real and personal risk of being tortured if she is returned to
Ecuador.