CAT/C/68/D/882/2018 that the sources Commission on independent and rights violations peacefully. she has cited (the Committee, special rapporteurs, the Inter-American Human Rights and the Inter-American Court of Human Rights) are highly reliable and that they have reported a consistent pattern of human against Mapuche communities who are asserting their rights, including 5.3 Addressing the violence to which members of her family have been subjected by private individuals, the complainant states that her family is neglected, isolated and defenceless against intrusion, violence and devastation, even though the precautionary measures requested by the Inter-American Commission on Human Rights on 23 May 2016 emphasize the obligation of States to protect indigenous peoples from violence and harassment, bearing in mind their right to be free from interference by persons using violent or other means to maintain or take control of their land, to the detriment of their rights. 5.4 With regard to her personal risk of being subjected to torture in the event of her forcible removal to Chile, the complainant notes that paragraph 28 of the Committee’s general comment No. 4 (2017) refers to cruel, inhuman or degrading treatment or punishment to which “an individual or the individual’s family were exposed” and that, according to paragraph 45 thereof, indications of personal risk may include the ethnic background and the political affiliation or political activities of the complainant and/or the complainant’s family members. The complainant also notes that by systematically reporting human rights violations to international bodies, she is sharing in her sister’s activism. In addition, she states that she was not covered by the precautionary measures requested by the Inter-American Commission on Human Rights simply because she was not in Chile at the time, and that the purpose of her stay in Switzerland is precisely to avoid being subjected to the same persecution as her family. 5.5 As for the evidence that she faces personal risk, the complainant states that many experts and organizations are calling for reconsideration of the deportation order. Mapuche communities in Chile, 21 human rights organizations in Chile, 22 a member of the Chilean parliament, 23 a member of the Human Rights Council Advisory Committee, 24 the coordinator for Chile at Amnesty International France 25 and university researchers and teachers specializing in the Mapuche issue26 have spoken out in this regard. 21 22 23 24 25 8 Statement of 5 August 2013 by the Mapuche authorities, according to which: “this deportation order exposes Flor Calfunao Paillalef to a risk of harassment or reprisals upon her return to Chile […]. Given the prominence of our Ambassador, Ms. Calfunao, we have substantial grounds to believe that she could be subject to the repressive laws and sanctions that the Chilean authorities apply to our leading representatives”; and statement of 24 August 2013 by Gvbam Longko Pukunwijimapu. Comisión Ética Contra la Tortura, a grouping of many internationally and nationally recognized associations [including Amnesty International and Servicio Paz y Justicia-Chile (Peace and Justice Service-Chile)], which confirmed that the complainant’s freedom, integrity and life would be at risk if she were required to return to Chile; statement by Fundación Instituto Indígena de Temuco; and statement by Observatorio Ciudadano, a Chilean human rights organization affiliated with the International Federation for Human Rights. Statement of 14 August 2013 by Hugo Gutiérrez Gálvez, a member of the Chilean parliament, according to which: “This deportation order endangers the complainant’s safety, as she has been threatened in our country. I therefore ask you to reconsider the order.” Statement of 12 November 2013 by José Bengoa Cabello, former member of the Human Rights Council Advisory Committee: “Although Ms. Calfunao is not on trial in Chile, the situation that she and her family have experienced is extremely violent and will have repercussions on her mental health. For these reasons, the Swiss authorities are asked to show kindness and flexibility to ensure that Ms. Calfunao remains in the host country.” Email from Jac Forton to Federal Councillor Simonetta Sommaruga: “The deportation of Ms. Flor Calfunao is likely to seriously jeopardize her physical and psychological integrity. Ms. Calfunao belongs to a community whose members are subjected to particular persecution and harassment by the law enforcement authorities. Her sister, Juana Calfunao, has been imprisoned for demanding that lands and territory appropriated by the Chilean State, large local landowners and mining or forestry companies be returned to her people. Her brother-in-law and nephew have also been arrested and tortured. Their community (the Paillalef community) has been devastated, twice burned down, as I myself have seen with my own eyes. This is the backdrop, the situation to which the Swiss Government is prepared to return Ms. Flor Calfunao. Clearly, she, too, will be harassed by the Chilean law enforcement agencies, who do not hesitate to torture Mapuche prisoners. The Swiss GE.20-00012