CAT/C/35/D/238/2003
Page 14
11.1 On 6 April 2005, the State party submitted additional observations regarding
the Immigration Appeals Board’s decision of 12 March 2004. It states that its decision
to review the complainant’s case was taken by the Board on its own initiative, without
any formal request by the complainant. While the Committee’s admissibility decision
of 14 November 2003 was the cause for the review, there was no obligation upon the
Board to do so. The State party points out that the final decision of 29 December 1997
has now been reviewed four times in total by the Norwegian authorities, who each
time did not find substantial grounds for believing that he would be at a substantial,
present and personal risk of torture if returned to Ethiopia.
11.2 By letter of 22 April 2005, the complainant responded to the State party’s
supplementary submission, criticizing the procedure followed by the Immigration
Appeals Board concerning its most recent decision of 12 March 2004. He accepts that
the decision entailed “an extensive deliberation of the case”, but states that due to a
change in counsel the decision was apparently not received by him. He argues that he
should have been provided with prior notice of the hearing and should have been
provided with the Board’s decision.
Disposition of procedural issue:
12.1 On 10 November 2004, the complainant applied to the Committee, under Rule
111, paragraph 4, of the Committee’s Rules of Procedure, for leave to submit oral
testimony to the Committee. He argued that he had not had not had opportunity to
present his case in person before the domestic decision-making bodies in his case, nor
had he appeared before the courts. Given that a major reason for the rejection of his
claim was an assessment of his credibility, an issue that can be well tested in oral
testimony, he contended that oral testimony before the Committee would provide it
with a basis to assess his credibility.
12.2 On 26 November 2004, at its 33rd session, the Committee rejected the
complainant’s application under Rule 111, paragraph 4.
Examination of the merits:
13.1 The issue before the Committee is whether the removal of the complainant to
Ethiopia would violate the State party’s obligation under article 3 of the Convention
not to expel or to return a person to another State where there are substantial grounds
for believing that he or she would be in danger of being subjected to torture. The
Committee must evaluate whether there are substantial grounds for believing that the
complainant would be personally in danger of being subjected to torture upon return
to Ethiopia. In assessing this risk, the Committee must take into account all relevant
considerations, pursuant to article 3, paragraph 2, of the Convention, including past
incidents of torture or the existence of a consistent pattern of gross, flagrant or mass
violations of human rights. However, the Committee recalls that the aim of such
determination is to establish whether the individual concerned would be personally at
a foreseeable and real risk of being subjected to torture in the country to which he or
she would return.
13.2 The Committee has considered the periods of imprisonment suffered by the
complainant in the 1980s and 1990s and his allegation that he was subjected to
beatings, to maltreatment and psychological torture in Ethiopia in the past on account
of his political activities. It notes the interest of the Ethiopian authorities in his person