torture suspected subversives at military and police
detention centres.
means of transportation. Counsel was requested to
explain whether the author took any precautions and,
if so, what ones, so as to not be stopped at the border,
since he was travelling under his own name. Finally,
the Committee wished to know what indications the
author had that the police were looking for him at
the present time and why he believed that if he were
returned he would be in danger of being subjected to
torture.
7.3 As regards the author’s valid passport, counsel
states that this was indeed obtained through bribes,
without further specifying her contention. She claims
that it is possible to obtain a passport and leave the
country despite serious problems with the authorities.
7.4 As regards the State party’s statement that it is
not aware of any case in which reliable information
exists that a person was tortured upon being returned
from Sweden to Peru, counsel refers to the case of
Napoleon Aponte Inga, who, upon his return, was
arrested at the airport and accused of having been a
terrorist ambassador in Europe. He was brought to
trial, acquitted after four months and then released.
According to counsel, during his detention he was
subjected to torture.
10.3 The Committee also wished to receive from
the State party more detailed information regarding
its statement that it was not aware of returnees from
Sweden being tortured or ill-treated upon return. The
Committee would appreciate it if the State party
would clarify why the author’s mother and his sisters
were allowed to stay in Sweden but not the author.
In particular, the Committee would like to know
whether the distinction between the author and his
mother and sisters was based solely on the exception
under article 1 F. of the 1951 Convention relating to
the Status of Refugees, or whether additional
grounds existed to give the mother and sisters
protection, but not the author.
7.5 Counsel concludes that the State party
underestimates the risk of the author being subjected
to torture upon his return. She refers to reports
indicating that torture is widely practised in Peru and
states that the author belongs to a well-known family,
one of his cousins having been killed by security
forces and another cousin having disappeared.
11. Accordingly, on 8 May 1996, the Committee
declared the communication admissible.
The Committee’s admissibility decision
State party’s observations on the merits
8.
At its sixteenth session, the Committee
considered the admissibility of the communication
and found that no obstacles to the admissibility of
the communication existed.
12.1 By its submission of 12 September 1996, the
State party explains that its conclusion that no
consistent pattern of gross, flagrant or mass
violations of human rights exists in Peru is based on
recent information received from the embassy in
Lima. The embassy referred, inter alia, to the 1995
report of the local Peruvian human rights
organization, La Coordinadora, which supports the
State party’s conclusion that it is mostly poor people,
peasants and young criminals who are exposed to
torture during police interrogations.
9.
The Committee noted that both the State party
and author’s counsel forwarded observations on the
merits of the communication and that the State party
had requested the Committee, if it were to find the
communication admissible, to proceed to the
examination of the merits of the communication.
Nevertheless, the Committee considered that the
information before it was not sufficient to enable it
to adopt its Views.
12.2 The State party reiterates that there are no
substantial grounds for believing that the author
personally would be at risk of being subjected to
torture upon his return to Peru, and states that this
conclusion is based on information from its embassy
in Lima with regard to the treatment of returned
Peruvians, who have unsuccessfully requested
asylum abroad by referring to activities they carried
out for the benefit of Sendero Luminoso. The
embassy has obtained this information through
interviews and contacts with well-informed persons
and human rights organizations in Peru. The State
party does not reveal its sources for reasons of
protection.
10.1 In particular, the Committee wished to receive
from author’s counsel more precise and detailed
information and substantiation of the claim that the
author’s house was searched by the police on 1
November 1989, in particular whether there were
witnesses to this search and how the author found
out about it. The Committee also wished to be
informed whether the police returned to the house to
look for the author on further occasions and when
and under what circumstances the author went into
hiding.
10.2 With regard to the author’s passport, counsel
was requested to elaborate on how the author
obtained his passport on 1 April 1990 and by whom
the passport was issued. The Committee further
appreciated receiving information as to the precise
date on which the author left his country and his
12.3 The State party acknowledges that the
author’s mother and sisters have been given de facto
refugee status because they belong to a family the
members of which have been involved with Sendero
Luminoso. The State party adds that the author’s
34
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