CAT/C/67/D/775/2016
he had learned about that arrest and left the country. These statements are clearly not
credible.
4.12 Similarly, the complainant’s statements regarding his family are unconvincing. The
complainant was unable to provide information about his wife and children. He stated that,
before leaving Ethiopia, he had told his wife to go into hiding and did not know how to
contact her thereafter. He was not able to provide any additional details about this. When
invited to describe the discussions that he had had with his wife before his departure from
Ethiopia, he evaded the question and stated that, at the time, he wanted to save his life and
leave Ethiopia as soon as possible. All that he told his wife was that she had to go into
hiding. These statements are evasive and not convincing. It is also implausible that the
complainant had no idea how to contact his wife.
4.13 The complainant was unable to describe the car trip that he had taken from Addis
Ababa to Khartoum, apart from describing a night spent in Gonder, Ethiopia, and his
crossing the border on foot. He was also unable to provide any details about the flight that
he had taken from Khartoum to Switzerland. He provided to the Swiss authorities an
identity card issued on 5 August 2013, after his departure from Ethiopia. He claimed that he
had left the card in a video store before leaving Ethiopia, and that friends had gone to look
for it there. When invited to clarify these assertions, he responded with very confusing
statements.
4.14 In view of the foregoing, there are no grounds for concluding that removing the
complainant to Ethiopia would constitute a violation of the State party’s obligations under
article 3 of the Convention.
Complainants’ comments on the State party’s observations on the merits
5.1
In comments dated 7 June 2017, 25 January and 8 June 2018 and 20 March 2019,
the complainant stated that, with financial assistance, he had been able to undergo a
medical examination for signs of torture. He provides a report dated 10 May 2017 issued by
a general practitioner, in which it is stated that the complainant was examined on 2 May
2017. It is also stated in the report that the complainant alleged to have been tortured by
being “hit with a butt on the head” and by being hit repeatedly on his back with electric
cables. It is also noted that: “one can see 10 restiform scars, which are crossways to the
spine and between 10 and 15 cm long. The scars lay between the lower and the middle
thoracic spine and are currently not irritated. In addition, there is a small scar at the end of
the left shoulder blade as well as a long scar on the left side of the front which stems from
the blow with the butt. At the end of the consultation, [the complainant] credibly told that
the tortures of 2006 still affect and burden him a lot and that he would like to take care of
his wife and children. The specified scars match the description given by [the complainant].
The described back pain cannot be objectified.” The report also contains a diagnosis of
post-traumatic stress disorder. The complainant maintains that the report substantiates his
claims of having been subjected to torture.
5.2
The complainant also provides a second medical report, dated 14 December 2017,
and a translation. He asserts that the doctor who prepared the report was a long-time
consultant at the Swiss Red Cross for victims of torture and, therefore, an expert in
examining signs of torture. According to the translated report, the doctor observed eight
curved, palpable and reddish scars between the lower thoracic vertebrae and the sacrum,
centred above the spine, of approximately 4 to 6 cm in length and of a maximum width of 5
mm. He concluded that the scars were consistent with a “typical scar pattern after strikes
with a cable” and with the complainant’s account that he had been “tortured by strikes with
electric cables” in 2007. The complainant reiterates that the Swiss authorities did not fulfil
their duty to ascertain all the relevant facts, including by ordering a medical examination
for signs of torture.
5.3
In response to the State party’s assertions regarding the complainant’s decision to
stay in Ethiopia for six years after his release from detention, the complainant maintains
that he was not detected by the authorities during that time because he was in hiding and
changed his place of residence several times. He carried out his political activities in secret,
so that the regime could not find him. This also explains why the complainant was able to
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