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Complaint No. 164/2000
Submitted by:
L.M.T.D. (name withheld)
Alleged victim:
The complainant
State party:
Sweden
Date of submission of complaint:
22 March 2000
The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 15 May 2002,
Having concluded its consideration of complaint No. 164/2000, submitted to the
Committee against Torture under article 22 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainant and the
State party,
Adopts the following decision under article 22, paragraph 7, of the Convention.
1.1
The complainant is L.M.T.D., a Venezuelan citizen currently residing in Sweden. She
claims that her return to Venezuela following Sweden’s refusal to grant her political asylum
would constitute a violation of article 3 of the Convention. She is represented by counsel.
The facts as submitted by the complainant:
2.1
The complainant worked as a procurator for juveniles in the office of the
Attorney-General of the Republic of Venezuela from 1988 to 1997. One of her functions was
to regularize the registration of children in the civil registers so that they might later obtain an
identity card. This procedure took place on the basis of an authorization by a civil court.
2.2
In 1995, the complainant discovered that some Chinese nationals had obtained
Venezuelan identity cards and passports by using forged documents, such as copies of
registration decisions bearing her signature and stamp and the stamp of the Civil Court. The
complainant reported this fact to the Attorney-General of the Republic for the latter to institute
an investigation to determine who was responsible for the forgery. On 22 February 1995, the
complainant filed a complaint with Caracas Criminal Court of First Instance No. 15. In 1996,
she requested a judicial or eyewitness inspection of the National Identification Office (ONI) and
of the files of the Aliens’ Department (DEX), where the forged documents were found. The
inspection was never carried out because, according to the complainant, the heads of the two
bodies in question were linked to the Convergencia political party, which received large amounts
of money for granting Venezuelan nationality to Chinese nationals.
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