CAT/C/35/D/238/2003
Page 11
confusion resulted from a mistranslation. The State party argued that the confusion
between a single political party (the SPPO) and a 14-party coalition (the SEPDC)
could not simply be attributed to problems of translation.
9.5
The State party dismissed the credibility of the complainant’s claims on the
basis of fundamental contradictions between the complainant’s claims and those of his
mother who was interviewed by the Norwegian Embassy in Ethiopia. After the
complainant learned that his mother had informed the Norwegian authorities of his
prior imprisonment for his membership of the EPRP, he claimed to have been arrested
several times, a fact which he had not previously mentioned. Further discrepancies
between his account and that of his mother included the identity of his siblings and his
places of residence at different stages in his life, which the State party regarded as
undermining the complainant’s credibility further.
9.6
The State party noted that in his asylum interview, the complainant had stated
that he had never been subjected to any kind of physical torture, but that he had been
threatened in a way akin to psychological torture. Two years later, however, when
requesting the annulment of the Ministry of Justice’s negative decision concerning his
asylum claim, he claimed to have been subjected to torture in the form of baton blows
to his head. The State party maintained that the late submission of such a crucial fact
further undermined the credibility of the complainant’s claims. It further argued that
his contraction of epilepsy was not, contrary to the arguments advanced by the
complainant, a result of the torture he allegedly suffered, but that it more likely
emerged from his infection with a tapeworm. The State party finally argued that the
contradictions and inconsistencies in the complainant’s story cannot, as maintained by
the complainant, be reasonably attributed to post-traumatic stress disorder (PTSD), as
the complainant’s allegation to be suffering from PTSD had been submitted late and
had not been substantiated beyond a declaration by a nurse purely based on the
complainant’s own account.
9.7
The State party did not regard the support letter from the EPRP’s Norwegian
group, certifying that the complainant was a victim of imprisonment and political
persecution in Ethiopia, as sufficient evidence for the claim that the complainant had
been politically active in his home country or that he was viewed with suspicion by
the authorities. In the State party’s experience, exile organisations had a tendency
routinely to issue “confirmations” to country people requesting them. The State party
contended that EPRP’s Norwegian section had only limited knowledge of the
complainant’s case.
9.8
In the State party’s view, accepting that complete accuracy is seldom to be
expected from potential victims of torture, the credibility of the complainant’s claim
was nonetheless comprehensively undermined by the evident contradictions and
inconsistencies set out. Moreover, even if the complainant’s account of his political
persecution in the past had been true, given the current situation in Ethiopia, there was
no basis for holding that he would now be of particular interest to the Ethiopian
authorities. The State party therefore concluded that the assessment of the available
information and material made by the Norwegian authorities was correct, and that
those assessments warranted the conclusion that there were no substantial grounds for
believing that the complainant would be at a personal and real risk of being subjected
to torture or other ill-treatment if returned to Ethiopia.
The complainant’s comments on the State party’s submissions: