5.3
With regard to the State party’s arguments regarding the merits of the case, the
complainant says that she has substantial grounds for fearing for her safety and that
the State party’s argument that the general conditions in a country do not constitute
sufficient grounds for determining whether a person returning to the country would be
in danger of being subjected to torture is unconvincing. Moreover, despite the socalled improvements introduced by President Chávez, the degree of corruption within
the Venezuelan administration is common knowledge. What is more, the complainant
continues, the State of Venezuela itself has established that more than one person a
day is tortured.
5.4
The complainant rejects the State party’s arguments that she was never a
member of any political party or politically active: while she may have been only a
civil servant, the fact that those responsible for the forgeries were political officials
entailed political implications which give her substantial grounds for fearing for her
safety on returning to the country. With regard to the State party’s argument that the
head of ONI has not been arrested, the complainant says that is not a point that can be
used as evidence that she will be safe, since the powerful always protect the powerful.
5.5
Lastly, the complainant reiterates that the current situation in Venezuela
following the coup d’état against President Chávez makes her more fearful than ever
for her safety if she returns to the country.
Issues and proceedings before the Committee:
6.
Before considering any claims contained in a complaint, the Committee
against Torture must decide whether or not it is admissible under article 22 of the
Convention. In this respect, the Committee has ascertained, as it is required to 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. The Committee also notes that the exhaustion of domestic remedies is not
contested by the State party. It further notes the State party’s view that the complaint
should be declared inadmissible ratione materiae on the basis that the Convention is
not applicable to the facts alleged, since the acts the complainant will allegedly face if
she is returned to Venezuela do not fall within the definition of “torture” set out in
article 1 of the Convention. The Committee is, however, of the opinion that the State
party’s argument raises a substantive issue which should be dealt with at the merits
and not the admissibility stage. Since the Committee sees no further obstacles to
admissibility, it declares the communication admissible and, since both the
complainant and the State party have provided observations on the merits of the
communication, the Committee will proceed to examine those merits.
7.
In accordance with article 3, paragraph 1, of the Convention, the Committee
must decide whether there are substantial grounds for believing that the complainant
would be in danger of being subjected to torture if she returned to Venezuela. In
order to reach its conclusion, the Committee must take account of all relevant
considerations, in accordance with article 3, paragraph 2, of the Convention, including
the existence of a consistent pattern of gross, flagrant or mass violations of human
rights. The aim is, however, to determine whether the individual concerned would
personally be in danger of 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
6