CAT/C/53/D/520/2012
leave and for judicial review and maintains that, in any case, filing such an appeal would
not stop her deportation. She further notes that over 80 per cent of all applications for leave
are not even heard by a judge of the Federal Court and are dismissed without a hearing. On
13 August 2012, the complainant was told by a Canada Border Service Agency officer that
she would be deported to Ethiopia within the following 90 days.
2.2
The complainant is of Oromo ethnicity and all her adult life has been a housewife
with no political affiliations. She submits that the Oromo people have a history of being
oppressed and discriminated against by the Ethiopian Government. When the Government
announced that national elections would be held in 2005, the complainant’s husband
became an active campaigner for the opposition party United Front. He encouraged people
to vote and openly and peacefully advocated on behalf of the opposition party candidate in
their constituency. As the elections results were gradually released on 15 May 2005, it
became clear that the governing party, the Ethiopian People’s Revolutionary Democratic
Front (EPRDF) was losing the elections. The Government consequently began a crackdown
on the opposition and many of its supporters were arrested. Many ethnic Oromo who had
supported the opposition were falsely accused of being supporters of the Oromo Liberation
Front (OLF), an outlawed organization.
2.3
On 8 June 2005, the complainant’s husband was arrested and held in custody for one
month. Their home was repeatedly searched and the complainant was harassed when she
visited her husband in detention. In 2006, the complainant let a house which she owned,
and which was adjacent to her house, to two young students. On an unspecified date they
disappeared and the police came and told the complainant that they (the students) had
joined the OLF. The security police accused the complainant and her husband of
harbouring OLF supporters and arrested them. The complainant was kept in detention for
seven days and released due to her poor health. Her husband was held for two weeks.
During that time they were interrogated repeatedly.
2.4
The complainant was traumatized by the events and decided to visit her daughter,
who was living in Canada. After a lengthy application process she was allowed to leave the
country and arrived in Canada on 16 March 2008. After her arrival, her brother called to
inform her that her husband had been repeatedly summoned to the police station and asked
about her whereabouts and whether she was meeting OLF supporters abroad. Her brother
told her that the authorities regretted allowing her to leave and would arrest her if she
returned. On an unspecified date, she received two letters from Ethiopia, from one W. and
one A. She learned that her husband had been arrested again and accused of being an
opposition supporter, and that he had subsequently been taken to an unknown location with
other prisoners. The complainant is not aware of his whereabouts or of what happened to
him.
The complaint
3.
The complainant submits that she will be tortured and killed if returned to Ethiopia
because of her ethnic origin and her perceived involvement with the OLF. On the basis of
her past arrest, the continued interest of the security police in her whereabouts and the
enforced disappearance of her husband, she believes that she is at risk of being persecuted
if returned to Ethiopia.
State party’s observations on admissibility and merits
4.1
By Note Verbale of 7 March 2013, the State party submitted its observations on the
admissibility and the merits of the communication. The State party notes that the
complainant arrived in Canada in March 2008 and sought refugee protection in June 2009.
According to her refugee protection application and the Personal Information Form (PIF)
attached to it, the complainant sought refugee protection on grounds of a well-founded fear
3