6.2
The Committee is further of the opinion that all domestic remedies have been exhausted and finds that
no further obstacles to the admissibility of the communication exist. Since both the State party and the author's
representative have provided observations on the merits of the communication, the Committee will proceed
with the consideration of those merits.
6.3
The issue before the Committee is whether the forced return of the author to Ecuador would violate
the obligation of Denmark under article 3 of the Convention not to expel or to return a person to another State
where there are substantial grounds for believing that he or she would be in danger of being subjected to torture.
6.4
The Committee must decide, pursuant to article 3, paragraph 1, of the Convention, whether there are
substantial grounds for believing that the author would be in danger of being subjected to torture upon return
to Ecuador. In reaching this decision, the Committee must take into account all relevant considerations,
pursuant to article 3, paragraph 2, including the existence of a consistent pattern of gross, flagrant or mass
violations of human rights. The aim of the determination, however, is to establish whether the individual
concerned would be personally at risk of being subjected to torture in the country to which he or she would
return. The existence of a consistent pattern of gross, flagrant or mass violations of human rights in a country
does not as such constitute a sufficient ground for determining that a particular person would be in danger of
being subjected to torture upon his or return to that country; specific grounds must exist indicating that the
individual concerned would be personally at risk. Similarly, the absence of a consistent pattern of gross
violations of human rights does not mean that a person cannot be considered to be in danger of being subjected
to torture in his or her specific circumstances.
6.5
From the information submitted by the author, the Committee notes the author's activities for women's
rights in Ecuador. It further notes that the State party, although expressing doubts as to the complete veracity
of the author's account, do not necessarily dispute that the author might have encountered difficulties with the
Ecuadorian authorities because of her political activities. The Committee recalls, inter alia, that the author has
carried out her political activities as a member of a lawful political party of a country which has ratified not
only the Convention against Torture, but has also made the optional declaration under article 22 of the
Convention.
6.6
The Committee notes that for the purposes of article 3 of the Convention, the individual concerned
must established that he or she faces a foreseeable, real and personal risk of being tortured in the country to
which he or she is returned.
6.7
It is the view of the Committee that the information presented by the author does not show substantial
grounds for believing that she runs a foreseeable, real and personal risk of being tortured if she is returned to
Ecuador.
7.
The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes that the decision of the State party
to return the author to Ecuador does not constitute a breach of article 3 of the Convention.
[Done in English, French, Russian and Spanish, the English text being the original version.]
159
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents