United Nations Human Rights Website - Treaty Bodies Database - Document - Sessional/Annual Report of Committee - 8. Accordingly, on 14 November 1996, the Committee decided that the communication was admissible. Author's observations 9.1 By his submission of 28 January 1997, the author reiterates that he was in prison from 5 November to 6 December 1988 and again from 28 June 1989 onwards. The second time he was accused of collaborating with the OLF. He states that this accusation still stands, since the OLF is also in opposition to the current Government. He adds that the OLF accuses him of being a Government spy. 9.2 For the above reasons, he states that he would be in serious danger if he were to return to Ethiopia. He refers to an Amnesty International report of July 1996 which shows that the human rights situation in Ethiopia is still unacceptable. State party's observations 10.1 By its submission of 8 March 1997, the State party reiterates that the author has not been expelled from the country, and clarifies that he remains in Greece for humanitarian reasons. The State party thus argues that article 3 of the Convention has not been violated. 10.2 The State party acknowledges that, at the time, no appeal was available to an asylum seeker whose request was rejected as abusive, but states that the non-availability of an appeal as such does not constitute a violation of the Convention. The State party adds that the law has since been amended. 10.3 The State party further points out that an individual always has the possibility of lodging an appeal with the Council of State concerning the legality of any administrative decision. Issues and proceedings before the Committee 11.1 The Committee has considered the communication in the light of all the information made available to it by the parties, in accordance with article 22, paragraph 4, of the Convention. 11.2 Under article 3 of the Convention, the Committee is required to decide whether an expulsion, return or extradition of an individual would breach the obligation of a State party not to expose that individual to the danger of being subjected to torture. The Committee cannot determine whether or not the claimant is entitled to asylum under the national laws of a country, or can invoke the protection of the 1951 Convention relating to the Status of Refugees. 11.3 In the instant case, the Committee notes that the State party has not ordered the author's expulsion, return or extradition to Ethiopia and has stated that the author remains in Greece for humanitarian reasons. It also appears from the State party's submission that, were the authorities to order his deportation at a later stage, the author would have an appeal possibility against such decision. The Committee is therefore of the opinion that the facts before it do not show any violation of the Convention by Greece. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (101 of 109)16/10/2006 9:54:12 AM