CAT/C/35/D/238/2003
Page 13
on what the complainant regards as material to his reasons for seeking asylum (1,5
pages), such as his political involvement and his fear of being returned to Ethiopia.
10.4 Regarding his family and personal history, the complainant submitted that
related inconsistencies concern questions of minor importance, whereas the main facts
provided by him, such as his family members’ names and place of their home, were
correct.
10.5 Concerning his alleged persecution in the past, the complainant claimed that,
following his first asylum interrogation, he submitted additional details rather than, as
the State party alleges, providing another account altogether. In fact, the complainant
had, during the asylum interrogation, submitted only those details he deemed relevant,
and submitted further facts once informed by the Advisory Group of their importance.
The State party’s claim that the complainant had said in the interrogation that he was
arrested “only” once was false.
10.6 The complainant confirmed that he had stated in the asylum interview to have
been “active in��, rather than being “a member” of, the SEPDC, whose title he
translated freely into English by retaining the main concepts of the organisation. The
State party’s assumption that the former SEPDC leader it interviewed knew all the
members of the SEPDC was, in the complainant’s view, rebutted by the former’s
stated willingness to investigate further into the case. The fact that the complainant
mainly operated underground in an illegal organisation supports the former SEPDC
leader’s unawareness of the complainant’s work as well as his claim that activists
were not formally registered. The complainant notes that the State party has not
informed the Committee or the complainant about any possible verification work
undertaken by it, such as further contact with the former SEPDC leader or the
verification of the detailed description of the Kerchele prison in Addis Ababa
provided by the complainant.
10.7 Concerning past incidents of torture, the complainant submits that he was
beaten during his long imprisonment in the 1980s, whereas he was not subjected to
physical torture during his last imprisonment in the 1990s. However, he claims to
have been tortured mentally in custody, and witnessed the torture of Abera, one of his
political leaders, by the police.
10.8 The complainant submits that he faces a substantial risk of being tortured if
returned to Ethiopia. Information provided by Human Rights Watch and United
States’ Department of State reports of 2003 leave little doubt that there is a consistent
pattern of gross, flagrant and mass violations of human rights in Ethiopia, a country
which still produces refugees. That the complainant has been politically active in two
major opposition movements and escaped from prison eight years ago under the
present regime, as well as his continued involvement as an “active member” in the
EPRP in Norway9 all render him at a risk of being tortured if returned. Since Ethiopia
has not recognised the Committee’s competence to act under article 22 of the
Convention, the complainant will have no possibility of bringing a complaint before
the Committee if tortured upon return.
Supplementary submissions of the parties
9
The complainant provides no details as to what political activities he undertook in Norway.