CAT/C/71/D/866/2018 she cites the case of Merera Gudina. 8 She further refers to reports by non-governmental organizations, State authorities and the media that the Ethiopian authorities use antiterrorist legislation against dissidents,9 harass and detain members of the opposition,10 and torture and mistreat detainees,11 with members of Ginbot 7 being particularly targeted.12 She claims that under Ethiopian legislation, mere “moral support” of a person suspected of terrorism leads to long-term imprisonment.13 According to the Home Office of the United Kingdom of Great Britain and Northern Ireland, “anyone who is a member or perceived to be a member” of Ginbot 7 “may be subject to surveillance; harassment; arrest and imprisonment, where they are at risk of incommunicado detention, torture and other abuses, or even extra-judicial killing”.14 The complainant states that already in 2009, many Ginbot 7 members were being arrested under the antiterrorism legislation. Most of them were sentenced to lifelong imprisonment and some were condemned to death. 15 In 2011–2012, the Government of Ethiopia arrested a significant number of journalists and dissidents, including Ginbot 7 members. Prison sentences ranging from eight years to life were pronounced against some opposition members, including 16 Ethiopians in exile.16 Ethiopia has used alleged contacts with Ginbot 7 as a reason to imprison dissenting voices on allegations of terrorism. 17 The complainant states that in June 2014, then Secretary-General of Ginbot 7, Andargachew Tsege, was arrested in Yemen and brought to Ethiopia, where he was tortured by Ethiopian security services. The situation of the opposition has recently worsened in Ethiopia, with the authorities proceeding to arrest, detain, harass and torture persons critical of the Government. Ethiopia also uses the state of emergency regulations to restrict freedom of assembly.18 The complainant remarks that according to the Janes Sentinel Security Assessment in June 2017, the crackdown on opposition in Ethiopia was “unlikely to relax”.19 The complainant claims that the imprisonment of her brother supports her fears of arrest. State party’s observations on admissibility and the merits 4.1 On 19 September 2018, the State party submitted its observations on admissibility and the merits of the communication. 4.2 As regards admissibility, the State party notes that the complainant did not appeal the State Secretariat for Migration’s decision of 18 September 2015 dismissing her request for 8 9 10 11 12 13 14 15 16 17 18 19 “Ethiopia security detain prominent opposition party leader Dr. Merera Gudina”, Addis Standard, 1 December 2016; and Abdur Rahman Alfa Shaban, “Ethiopia replies EU MPs: quit criticisms and give ‘constructive support’”, Africanews, 20 May 2017. Amnesty International, “Dismantling dissent: intensified crackdown on free speech in Ethiopia” (2011); United States of America Department of State, Country Reports on Terrorism 2016 (2017); Tonny Onyulo, “In Ethiopia, a cry for basic freedoms”, USA Today; and United States Department of State, 2016 Country Reports on Human Rights Practices, “Ethiopia”. Australia, Department of Foreign Affairs and Trade, DFAT Country Information Report: Ethiopia, 28 September 2017, para. 3.31. Available at https://www.ecoi.net/en/file/local/1419297/4792_1512556608_country-information-reportethiopia.pdf. United States Department of State, 2009 Country Reports on Human Rights Practices, “Ethiopia” (11 March 2010); Human Rights Watch, World Report 2017, “Ethiopia” (2017). Rahel Zürrer, “Äthiopien: Update – Aktuelle Entwicklungen bis Juni 2014” (Bern, Swiss Refugee Council, 17 June 2014), p. 12. Human Rights Watch, “Analysis of Ethiopia’s draft anti-terrorism law” (30 June 2009). Home Office, “Country policy and information note: Ethiopia – opposition to the government” (London, October 2017), para. 2.3.12. Available at www.refworld.org/docid/59ddc9734.html. Country of Origin Information Centre (Landinfo), “Ethiopia: the Ginbot 7 party”, topical note (20 August 2012), pp. 8–9. Ibid., p. 10. Amnesty International, “Ethiopia: end the onslaught on dissent as arrests continue” (10 July 2014). United States Department of State, 2016 Country Reports on Human Rights Practices, “Ethiopia”. The complainant quotes an extract from section 2.A of the report related to detentions, arrests and harassment of persons who criticize the Government. The quoted paragraph does not deal with the right to the freedom of assembly. Cited in Home Office, “Country policy and information note: Ethiopia”, para. 10.1.7. 5