United Nations Human Rights Website - Treaty Bodies Database - Document - Sessional/Annual Report of Committee - and that no appeal from this decision was available. On humanitarian grounds, the Minister did not order the expulsion of the author but instead laid down a period of one month within which the author was to leave Greece for a country of his choice. 5.3 The State party notes that on 3 January 1991 the author entered Greece secretly from Turkey, assisted by an illegal migrant traffic network, and did not apply for asylum at that time. Three months later, he registered with the migration programme with a view to emigrating to Canada. A year and a half later, on 3 September 1992, the author applied for asylum in Greece on the pretext that he opposed his country's regime. However, in this application he made no mention of the change in Government in his home country, despite the fact that the change had occurred since his departure from Ethiopia. Comments by the author 6.1 In his comments on the State party's submission, the author concedes that he has not been deported but states that, as a victim of torture and a political refugee, he has a right to asylum. He expresses the fear that he could be deported at any time. 6.2 The author explains, reiterating the claims made earlier (see para. 2.7 above), that he was not able to apply immediately for asylum because of "bureaucratic circumstances". He further explains that upon entry to Greece, he had no plans to emigrate to Canada. However, following his request for asylum in Greece, he was told that he could not stay in Greece and would be deported unless he transferred to a third country of his choice. Thus he was obliged to name a third country and named Canada. He denies registering for the migration programme to Canada after three months in Greece. 6.3 The author reiterates that he escaped from his own country and was then deported from Turkey, being left at the Greek border. He did not attempt to enter Greece in secret or seek the assistance of an "illegal migrant traffic network". With regard to the situation in his home country, he submits that he would be in grave danger if returned to Ethiopia, citing an Amnesty International report of April 1995 on the human rights violations of the transitional Government there. The Committee's admissibility decision 7.1 At its seventeenth session, the Committee considered the admissibility of the communication. It ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the same matter had not been and was not being examined under another procedure of international investigation or settlement. The Committee was further of the opinion that all domestic remedies available to the author had been exhausted, as required by article 22, paragraph 5 (b). The Committee found that no other obstacles to the admissibility of the communication existed. 7.2 In order to facilitate its examination of the merits of the communication, the Committee requested the author to provide more precise and detailed information to substantiate his fear that he personally would be in danger of being subjected to torture should he return to Ethiopia at that time. Further, the Committee requested the State party to provide information on the possible consequences for the author of non-compliance with the request of the Minister of Public Order that he leave the country. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (100 of 109)16/10/2006 9:54:12 AM

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