CAT/C/71/D/866/2018
general comment, that “substantial grounds” exist whenever the risk of torture is “foreseeable,
personal, present and real” (para. 11). Indications of personal risk may include, but are not
limited to: (a) the political affiliation or political activities of the complainant and/or the
complainant’s family members; (b) previous torture; (c) clandestine escape from the country
of origin following threats of torture; and (d) violence against women, including rape (para.
45).
8.5
The Committee recalls that the burden of proof is upon the author of the
communication, who must present an arguable case, that is, submit substantiated arguments
showing that the danger of being subjected to torture is foreseeable, present, personal and
real. However, when complainants are in a situation where they cannot elaborate on their
case, such as when they have demonstrated that they have no possibility of obtaining
documentation relating to their allegation of torture or have been deprived of their liberty,
the burden of proof is reversed and the State party concerned must investigate the allegations
and verify the information on which the complaint is based. 29 The Committee gives
considerable weight to findings of fact made by organs of the State party concerned; however,
it is not bound by such findings. It follows that the Committee will make a free assessment
of the information available to it in accordance with article 22 (4) of the Convention, taking
into account all the circumstances relevant to each case.30
8.6
The Committee takes note of the complainant’s claim that she would risk arrest and
torture in Ethiopia due to her activities as a member of political opposition organizations in
Ethiopia and in Switzerland. The Committee notes that to support these claims, the
complainant mainly relies on reports on the human rights situation in Ethiopia and on the
jurisprudence of the Federal Administrative Court. It also notes that the complainant believes
that the asylum authorities erred in assessing the risk of persecution in her case. It further
notes that the State party does not dispute that political dissidents may risk arrest and torture
in Ethiopia but considers that the complainant has failed to demonstrate the existence of a
foreseeable, real and personal risk of torture should she be forcibly returned to Ethiopia. The
Committee notes the State party’s argument that the complainant’s account of the persecution
she allegedly suffered in Ethiopia is not credible and that her political activities in
Switzerland are too marginal to attract the attention of the Ethiopian authorities. It also notes
the State party’s claim, undisputed by the complainant, that the human rights situation in
Ethiopia started to improve in 2018.
8.7
The Committee notes that the complainant does not provide any evidence to support
her claims that she was subjected to torture or ill-treatment in Ethiopia, and that the State
party has noted contradictions in the complainant’s statements regarding the treatment to
which her former boyfriend had allegedly subjected her. Furthermore, the Committee recalls
that ill-treatment suffered in the past is only one element to be taken into account when
assessing the risk of violation of article 3 of the Convention. The principal aim of such
assessment is to determine whether the complainant currently runs the risk of being subjected
to torture upon her return to her country of origin. It does not automatically follow from the
complainant’s former ill-treatment that she would still be at risk of being subjected to torture
if she is returned to Ethiopia.31
8.8
The Committee notes that the complainant does not claim that the Ethiopian
authorities attempted to prevent her from leaving Ethiopia. Neither has she submitted any
evidence suggesting that Ethiopian authorities, such as the police or other security services,
have been searching for her.32 Moreover, in 2012 she was able to renew her national passport
at the Ethiopian embassy in Dubai. The Committee notes that the complainant has not
provided any further explanations or evidence to support the claims she made to the national
authorities that an arrest warrant had been issued against her by Ethiopian authorities and that
29
30
31
32
10
General comment No. 4, para. 38.
Ibid., para. 50.
X, Y and Z v. Sweden (CAT/C/20/D/61/1996), para. 11.2; G.B.M. v. Sweden (CAT/C/49/D/435/2010),
para. 7.7; X. v. Denmark (CAT/C/53/D/458/2011), para. 9.5; and S.S.B. v. Denmark
(CAT/C/60/D/602/2014), para. 8.7.
See, for example, I.E. v. Switzerland (CAT/C/62/D/683/2015), para. 7.6; and H.R.E.S. v. Switzerland
(CAT/C/64/D/783/2016), para. 8.13.