4.8 Further, the State party underlines that, during her interview with the
Danish Immigration Service, the author produced letters addressed to the
Refugee Board by the Party Committee of PRE, a copy of two medical
certificates dated 1 June 1994 and 23 December 1995, allegedly issued by
her own medical doctor, and a warrant of her arrest dated 12 August 1998.
In the interview with the Immigration Service, the author stated that the
warrant for her arrest had been issued at that time because she had not
resigned from the party as instructed. However, before the Board, the author
stated that the document had been issued since she had not left the country
as ordered. She had not been served with the warrant directly, but had
received a copy from a friend employed by the police. The author only had
copies of the medical certificates, allegedly because she did not have any
permanent address and was afraid to have original documents in her
possession. Taking into consideration the contents of the documents and the
author's related statements, compared with the other information on the case,
the Board found that the documents were not of a nature to alter its
assessment of the case.
4.9 It is submitted that the author's statement regarding rape during her most
recent detention should be given little weight, since this information was not
brought forward by the author until the proceedings before the Board. Given
that the most recent Immigration Service interview with the author prior to
the Board's proceedings was conducted by a woman, and given that the
author, according to her own statements, had been politically active for
women's rights, it seems to decrease her credibility that no evidence to this
effect had previously been given, either to the authorities or to her own
attorney.
4.10 As to the Refugee Board's decision of 28 May 1999 not to reopen the
case, the State party states that the Board emphasized that the new
information referred to by the author as new did not contain any elements
beyond those already considered by the Board and the Immigration Service
during the initial proceedings.
4.11 The State party also draws the attention of the Committee to the
assessment of the Board that it seemed improbable that the author would
have been deprived of her identity papers for about one year after her
alleged release in December 1995 and nevertheless be able to obtain a valid
passport in September 1996. Furthermore, it is noted that the author gave
inconsistent accounts to the immigration authorities regarding her departure
from Ecuador. She has stated that she left the country legally on 15 August
1998 with a genuine passport, but on another occasion she stated that her
departure was actually illegal as she travelled in the evening, did not show
any passport and was not supposed to leave Ecuador because she was the
subject of an arrest warrant.