Complaint
3.
With reference to the facts presented, the author fears that she will be subjected to renewed torture if
she is returned to Ecuador and that her forced return would therefore constitute a breach by Denmark of article
3 of the Convention.
Observations by the State party
4.1
In a submission of 29 November 1999, the State party informs the Committee that it does not contest
the admissibility of the author's communication as to the form. However, the State party submits that the author
has failed to establish a prima facie case for the admissibility of her communication under article 22 of the
Convention and that the Committee should therefore declare it inadmissible. If the Committee does not dismiss
the communication for that reason, the State party submits that no violation of the provisions of the Convention
has occurred in relation to the merits of the case.
4.2
The State party confirms the author's explanation of the procedure used to exhaust domestic remedies,
adding that when she filed her initial application for asylum, the author exercised her right to do so in her own
languages. During the detailed and comprehensive initial personal interview conducted with her by the Danish
Immigration Service, an interpreter was present at all times. It is further stated that the proceedings of the
Refugee Board include the participation of the asylum-seeker and his or her attorney and an interpreter, as well
as of a representative of the Danish Immigration Service.
4.3
With respect to the application of article 3 of the Convention to the merits of the case, the State party
underlines that the burden is on the author to present an arguable case, in accordance with paragraph 5 of the
General Comment on the Implementation of article 3 adopted by the Committee on 21 November 1997.
4.4
In further reference to the above-mentioned General Comment, the State party points out that the
Committee is not an appellate, quasi-judicial or administrative body but rather a monitoring body. It is
emphasized that the communication does not contain any information that had not already been examined
extensively by the Danish Immigration Service and the Refugee Board. The State party submits that, in its
view, the author is attempting to use the Committee as an appellate body in order to obtain a new assessment
of a claim already considered by Danish immigration authorities.
4.5
In its decision of 17 February 1999 confirming the Immigration Service's assessment of 30 October
1998, the Refugee Board found that it was not convinced that the author had been subjected to persecution as
a consequence of political activities, prior to her departure from Ecuador, nor that, upon return to her country
of origin, the author would be at risk of persecution, including torture.
4.6
The State party underlines that, according to the practice of the Committee, it is decisive for the
assessment of the merits of the case whether information on conditions in the recipient country supports the
author's claim. The Committee's attention is drawn to the fact that PRE, in which the author allegedly has had
a prominent position, is not an illegal political party as claimed by the author, but one of the largest parties in
Ecuador, whom the author was not able to identify, was Head of Government in 1996.
4.7
The State party refers to the findings of the Refugee Board that the author's statements regarding the
alleged detentions were characterized by some uncertainty.
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