CAT/C/67/D/775/2016
armed fight against the Government of Ethiopia as a result of the latter’s planned reforms.
It notes that, in July 2018, the Government of Ethiopia removed Ginbot 7 from its list of
terrorist organizations. 23 The Committee observes that, in May 2018, the President of
Ethiopia pardoned Mr. Tsege, the Secretary-General of Ginbot 7, and freed him from
detention.24 While noting the complainant’s claims that the Government of Ethiopia arrests
exiled dissidents upon their return to the country, the Committee observes that, in 2018, the
Government granted amnesty to exiled Ethiopians who had been considered terrorists and
political opponents and that the Prime Minister invited them to return to the country and
pursue political life in a peaceful manner. 25 The Committee takes note of reports indicating
that thousands of prisoners have been pardoned under the amnesty law26 and that concrete
steps have been taken to ensure accountability for human rights violations by State
officials.27 While noting the complainant’s fears that he would be targeted by the Ethiopian
authorities because he had been photographed alongside Ginbot 7 leader Mr. Nega, the
Committee observes that the latter returned to Ethiopia in September 2018 after all charges
against him had been dropped and that he was welcomed back to the country by highranking government officials. 28 While noting also the complainant’s claim that his radio
interviews on ESAT would place him at risk of persecution in Ethiopia, the Committee
notes that, in 2018, the Government dropped all pending charges against bloggers,
journalists and diaspora-based media organizations, including ESAT, which reopened in
Addis Ababa in June 2018.29
8.10 The Committee notes the author’s argument that, in January 2019, the Federal
Administrative Court upheld the asylum appeal of an individual who had claimed to have
been imprisoned and tortured in Ethiopia because of dissident activities within the All
Amhara People’s Organization and who had continued political activities against the
Government of Ethiopia while in Switzerland. The Committee also notes that the Court
concluded that, despite promising government reforms in Ethiopia, the situation in Ethiopia
might become unstable again and that the future situation of political activists in the
country was therefore unclear. However, the Committee recalls that it must examine
whether the complainant currently faces a foreseeable risk of personal harm in Ethiopia.
The Committee does not base its assessment on a hypothetical risk that individuals in the
complainant’s situation could face if the regime, which has been in power for more than
one year, destabilizes the political situation in the future. The Committee further notes that,
in a separate decision also issued in January 2019, the Court denied the asylum application
of an Ethiopian national who had alleged that he would face a risk in Ethiopia as a member
of Ginbot 7 and because of his related political activities in Switzerland. 30 In that decision,
after examining relevant reports, the Court considered that the situation in Ethiopia had
fundamentally changed under the new Government.
8.11 Taking into account the aforementioned changes in the specific situation of members
of Ginbot 7 in Ethiopia and the fact that the complainant was able to safely leave Ethiopia
and return to it several times in 2011, the Committee considers that the information that the
complainant provided does not suffice to establish substantial grounds for believing that, if
returned to Ethiopia today, he would face a foreseeable, personal, present and real risk of
being subjected to torture.
23
24
25
26
27
28
29
30
14
See, inter alia, Human Rights Watch, “Ethiopia”, in World Report 2019: Events of 2018 (New York,
2019).
See BBC News, “Ethiopia frees abducted Briton Andargachew Tsege on death row”, 29 May 2018.
See, inter alia, Reuters, “Ethiopia offers amnesty to recently freed political prisoners”, 20 July 2018;
and International Crisis Group, “Managing Ethiopia’s unsettled transition“, Report No. 269, 21
February 2019.
See, inter alia, Reuters, “Abiy’s Ethiopia pardons 13,000 accused of treason or terrorism“, 22 January
2019.
See, inter alia, Amnesty International, “Ethiopia: arrest of dozens of security officials a first step
towards accountability”, 12 November 2018.
See, inter alia, Reuters, “After years in exile, an Ethiopian politician returns home with hope and fear“,
7 November 2018.
See, inter alia, Human Rights Watch, “Ethiopia”, in World Report 2019: Events of 2018; and
Freedom House, Freedom in the World 2019, “Ethiopia”.
Switzerland, Federal Administrative Court, decision E-4254/2017, 8 January 2019.
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