CAT/C/33/D/218/2002 Page 3 of two members of the guerilla group Fuerzas Armadas Revolucionarias del EcuadorDefensores del Pueblo (FARE-DP) by members of the intelligence service of the Ecuadorian army. After this incident, he began to receive threats from members of the FARE-DP and members of the military. He told his brother, who was also a member of the military, about the incident. On 8 November 2000, his brother was tortured to death in a military camp. Before his death, his brother received threats from his supervisors. After his brother’s death, he continued to be threatened, and he was forced to move several times within Ecuador. As the threats increased he decided to leave Ecuador. He arrived in Sweden on 23 March 2001, and applied for asylum on 27 April 2001. 2.2 On 19 June 2001, the Swedish Migration Board dismissed the complainant‘s asylum application. On 2 September 2002, the Appeal Aliens Board upheld the Migration Board’s decision. The complaint: 3.1 The complainant alleges that he is at risk of being subjected to torture, illtreatment, forced disappearance or summary execution if returned to Ecuador; his deportation in such circumstances would amount to a violation to article 3 of the Convention. State party’s observations on the admissibility and the merits of the complaint 4.1 By submission of 11 December 2002, the State party acknowledged that all domestic remedies are exhausted. Nevertheless, it argues that the complaint is inadmissible because the complainant failed to substantiate his claim that he would be at risk of being tortured if returned to Ecuador. 4.2. The State party recalls that the complainant had two interviews with immigration authorities. In his first interview with the Migration Board, he stated that on 13 May 2000, when he was at Cononaco camp as a military trainee, he witnessed how the military tortured and murdered two members of the FARE-DP, who had been taken prisoners together with five other members. Two of the prisoners managed to escape and thereafter persecuted him because they wanted him to identify who was responsible for the torture and murder of their comrades. They also identified his brother, a soldier, telephoned him on 8 November 2000 and then tortured and maltreated him so badly that he died. Before passing away the complainant’s brother told a colleague that it was the complainant himself who was wanted. 4.3 In a second interview with the Migration Board, the complainant provided a more detailed account of the above incident. He said that FARE-DP was very active in the jungle in border areas and it tried to initiate continuous guerilla warfare. He visited his brother on 25 May 2000 and told him of the incident. Towards the end of June 2000, his brother began to receive threatening phone calls. He had found out that high-ranking officers had been involved in the incident. On 8 November 2000 his brother left his house and was assaulted and maltreated by two strangers. He was taken to the military hospital, where he died. His brother’s wife reported the death to the police, which was unsuccessful in investigating the incident. Members of FAREDP continued to phone his brother’s house after his death, and the family had to move