Concerning Ms. E.T.B. (Represented by Let Bosnia Live) vs Denmark for violation of articles 3 and 22 of CAT.

The complainant is a widow with two minor children, all Georgian citizens of Mengrel ethnic origin. In Georgia she and her deceased husband, were working for the former Georgian President, and his political party, the Zwiadists, and for the Mengrel cause in Georgia.

On 19 November 1993, the complainant was arrested together, while participating in an illegal demonstration against the Shevardnadze Government. All the arrested women received a collective death penalty sentence and were tortured and raped until execution. Before the complainant was about to be executed, the Mengrel partisans attacked the Zugditi prison and liberated all political prisoners. Thus she fled to Denmark and applied for asylum. The Danish authorities rejected her application and therefore, a complaint was sent to CAT

The committee noted that the political activities that the complainant claims to have carried out since she became a member of the Zwiadists, are not of such a nature as to conclude that she risks being tortured upon her return. Nor does any of the information provided reveal that the complainant risks being subjected to torture because of her husband’s partisan work and execution by the governmental forces. Thus the Committee concludes that the removal of the complainant to Georgia would not constitute a breach of CAT.