WILLEMSTAD - A Venezuelan lady has claimed Article 3 of the European Convention of Man (ECHR) against deportation to her home country. According to the LAR judge (National Ordinance Administrative Jurisprudence), the woman may not be deported, because there is a substantial risk that she will experience torture, inhuman or degrading treatment or punishment upon arrival in Venezuela.
By claiming Article 3 of the ECHR, irrespective of her behavior at the time of the illegal stay on the island, an investigation will first have to be carried out to assess whether the woman can be returned.
After her arrest on November 1, 2019, no investigation was conducted into her personal situation. As a result, no assessment has been made to find out whether she can return safely to her home country.
The woman entered Curaçao by plane in October 2016 as a tourist. Subsequently, she made no attempt to legalize her illegal status, as a result of which she consciously took the risk of being sent back if she were discovered as an unwanted alien.
Because her personal situation was not investigated during her arrest, the importance of her safety was therefore not taken into account. This will have to be included in a new decision about her stay, according to the judge.