drawn to the letter dated 20 August 1999, which indicates that the author's
replacement as leader of the party's Women's Front has already been
arrested. The fact that a warrant for her arrest was issued as late as 26
February 1999 by the Ministry of the Interior ought to indicate that the
author is not wanted merely for disturbing public order in the streets through
political manifestations.
5.4 The representative further recalls that the author was raped in prison by
prison staff, who cooperate closely with the local police. It is therefore not
surprising that no medical evidence could be secured. The fact that the
author did not reveal this information to the Danish authorities at an earlier
stage could be explained by the fact that, like other women in similar
situations, she has tried to suppress the event from her consciousness and
that for obvious reasons she has limited trust in police officers and
interrogators.
5.5 The representative notes that the State party does not find it credible that
the author obtained a valid passport while presumably being persecuted by
Ecuadorian authorities and takes this as evidence of her not being at risk of
torture. This argument is inconsistent with the State party's position that all
foreign nationals, including asylum-seekers, travelling to Denmark should
apply for valid visas at the nearest Danish consulate before departure.
5.6 Finally, the representative submits that the fact that Ecuador is a party of
the Convention is of no relevance. The question is whether Ecuador is in
fact implementing the rights provided by Convention, in particular the right
of leading opposition politicians not to be subjected to torture.
Issues and proceedings before the Committee
6.1 Before considering any claim in a communication, the Committee
against Torture must decide whether or not a communication is admissible
under article 22 of the Convention. The Committee has ascertained, as it is
required to do under article 22, paragraph 5 (a), of the Convention, that the
same matter has not been and is not being examined under another
procedure of international investigation or settlement.
6.2 The Committee is further of the opinion that all domestic remedies have
been exhausted and finds that no further obstacles to the admissibility of the
communication exist. Since both the State party and the author's
representative have provided observations on the merits of the
communication, the Committee will proceed with the consideration of those
merits.