4.12 In conclusion, the State party points out that the Board did not necessarily deny that in connection with demonstrations the author might have been detained as explained, but the detentions themselves were not a sufficient ground for granting asylum. This would still be the case even if the author had in fact been subjected to physical ill-treatment in connection with these detentions. The State party argues that it also follows from the practice of the Committee that a risk of being detained is not as such sufficient to trigger the protection of article 3 of the Convention and that there is no actual evidence, including medical evidence, supporting the author's claim that she has previously been subjected to torture. 4.13 Finally, the State party notes that Ecuador has not only signed the Convention against Torture but also, by a declaration of 6 September 1988, recognized the competence of the Committee to receive and consider individual communications pursuant to article 22. The State party is aware that the Committee has stated that the fact that a State has acceded to the Convention and recognized the competence of the Committee under article 22 is not in itself sufficient to preclude a return to that country being contrary to article 3, but importance should nevertheless be given thereto. Comments by the representative of the author 5.1 In his comments on the State party's submission, the representative of the author refers to the State party's position that the author has the responsibility of presenting "an arguable case" that she would be in danger of being subjected to torture upon return to her home country. According to the representative, an arguable case has indeed been presented in the light of the author's previous experiences of persecution, including torture, and owing to her political activities for poor Indian women in Ecuador. Further, the representative points out that, according to the practice of the Committee, it is note necessary that the risk of torture be serious, in the sense of being highly likely to occur; the Committee has previously clearly stated that there need only be "more than a mere possibility of torture". 5.2 The representative considers that the State party's argumentation that PRE, contrary to what has been stated by the author, is a legal party and that its leader was President in 1996, is irrelevant to the main question under consideration, i.e. whether the author runs a risk of being subjected to torture upon return to Ecuador. The argument of the State party is based on opinion and misunderstandings rather than fact. 5.3 The representative argues that more importance should be attached to the two existing letters from the PRE local leadership describing the danger run by the author if she returned to Ecuador in view of her having been the party's leading promoter for women's rights. The Committee's attention is

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