- 149 to Venezuela. Rather, when the complainant was asked about prison conditions in Venezuela
during her interview with the National Immigration Department official, she said that the police
did not use torture. The State party maintains that the facts which may cause the complainant to
be afraid of being returned to Venezuela do not come within the definition of torture contained in
the Convention.
4.3
With regard to the merits of the complaint, the State party draws a distinction between
the general human rights situation in Venezuela and the personal situation of the complainant if
she were returned to Venezuela.
(a)
The State party affirms that, with regard to the general human rights situation in
Venezuela, although the human rights situation continues to be poor in some respects, there are
no grounds for stating that there is a consistent pattern of gross, flagrant or mass violations of
human rights. The State party recalls that, although some reports of human rights violations in
Venezuela, such as the 1999 United States State Department report on human rights in
Venezuela, the 1999 Human Rights Watch report on Venezuela and the 2000 Amnesty
International report, refer to extrajudicial executions by the army and the police, as well as to an
increase in cases of torture and ill-treatment of detainees, women detainees are held in separate
prisons, where conditions are better than in prisons for men. The State party also reports that, in
February 1999, the administration of President Chávez re-established the articles of the
Constitution relating to the prohibition of arrests without a warrant and to freedom of movement.
The State party lastly recalls that such reports refer to torture, indicating that the security forces
continue to torture and ill-treat detainees both physically and mentally. However, although the
general human rights situation in Venezuela leaves much to be desired, particularly with regard
to conditions of detention, that does not constitute sufficient grounds for concluding that a person
will be tortured if he or she is returned to Venezuela.
(b)
With regard to the complainant’s personal situation, the State party recalls that,
unlike many other authors of complaints submitted to the Committee, the complainant has not
belonged to any party or political organization. Her complaint is based on the fact that she was
wrongfully suspected of being involved in a bribery scandal, for which she could be sentenced to
imprisonment if she returned to Venezuela, in poor conditions of detention. Moreover, she does
not claim that she was ever subjected to torture in the past and, more importantly, has not
explicitly demonstrated how she would be subjected to torture if she returned to Venezuela. The
State party also points out that Venezuela has not requested the complainant’s extradition and
that there are no grounds for believing that the Venezuelan authorities intend to imprison her.
On the contrary, the State party was able to ascertain that the head of the ONI, the primary
suspect in the bribery scandal, has not been arrested.
4.4
The State party reports that, in their decisions of 24 August 1998 and 14 March 2000,
respectively, the National Migration Board and the Aliens’ Commission argued that the fact of
being in danger of being tried for a crime or of being subjected to harassment in Venezuela is not
a reason for granting asylum in Sweden. Both bodies also ascertain that, if she was tried, the
complainant would have a fair trial and would have a good chance of winning her case. The
State party adds that it does not question the complainant’s testimony about the bribery scandal
and the subsequent harassment. However, it does trust the arguments put forward by the two
bodies.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents