Issues and violations found
Complainant’s extradition to Peru constituted a
violation of article 3
Interim measures granted and State party
response
Granted but not acceded to by the State party8
Remedy recommended
None
Due date for State party response
7 March 1999
Date of reply
Most recent reply dated 9 November 2005
State party response
On 13 June 2001 (as reflected in the progress report
during the thirty-fourth session), the State party had
reported on the conditions of detention of the
complainant in the prison of Chorrillos, Lima. On
23 November 2000, the Ambassador of Venezuela in
Peru together with some representatives of the
Peruvian administration visited the complainant in
prison. The team interviewed the complainant for
50 minutes, and she informed them that she had not
been subjected to any physical or psychological
mistreatment. The team observed that the prisoner
appeared to be in good health. She had been
transferred in September 2000 from the top security
pavilion to the “medium special security” pavilion,
where she had other privileges such as one hour of
visits per week, two hours per day in the courtyard
and access to working and educative activities.
By note verbale dated 18 October 2001, the State
party forwarded a second report made by the
Defensor del Pueblo (Ombudsman) dated
27 August 2001 about the complainant’s conditions
of detention. It included a report of a visit to the
8
The Committee stated “Furthermore, the Committee is deeply concerned by the fact that the
State party did not accede to the request made by the Committee under rule 108, paragraph 3, of
its rules of procedure that it should refrain from expelling or extraditing the author while her
communication was being considered by the Committee and thereby failed to comply with the
spirit of the Convention. The Committee considers that the State party, in ratifying the
Convention and voluntarily accepting the Committee’s competence under article 22, undertook
to cooperate with it in good faith in applying the procedure. Compliance with the provisional
measures called for by the Committee in cases it considers reasonable is essential in order to
protect the person in question from irreparable harm, which could, moreover, nullify the end
result of the proceedings before the Committee.”
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