CAT/C/71/D/866/2018
Ginbot 7 had been recognized as a terrorist organization in Ethiopia and that the Ethiopian
authorities had recently increased surveillance of Ethiopian activists in exile by means of
sophisticated software. The Court admitted that Ethiopian nationals who actively engaged in
opposition organizations abroad or sympathized with such organizations could be identified
and, if returned to Ethiopia, detected upon their arrival. The Court stated however that the
Ethiopian intelligence services focused on arresting persons who engaged in protest activities
of a certain profile and could be viewed as a real potential threat to the regime. The Court
considered that there were no indications that the complainant had attracted the attention of
the Ethiopian authorities or could be viewed as a threat to the Ethiopian political system.
2.7
On 14 February 2018, the State Secretariat for Migration informed the complainant
that she had to leave Switzerland by 15 March 2018.
Complaint
3.1
The complainant claims that by returning her to Ethiopia, the State party would violate
article 3 of the Convention. She alleges that in Switzerland she is a leading human rights
activist and opponent to the Government of Ethiopia and is viewed as such in Ethiopia. She
is affiliated with the highest-ranking members of the most important Ethiopian opposition
groups and has been seen with them in public, on television and in photos. 4 Contrary to the
findings of the State Secretariat for Migration and the Federal Administrative Court, her
political activities cannot be described as being of low intensity. She has been politically
active for years and her profile is high. She has already been targeted by the Ethiopian
authorities and is perceived as a concrete threat to the Ethiopian political system.
3.2
The complainant evokes the existence of a consistent pattern of mass use of torture in
Ethiopia. She refers to the concerns expressed by the Committee about numerous, ongoing
and consistent allegations regarding the routine use of torture in Ethiopia.5 She submits that
due to her exposed political profile, her active membership in several opposition groups and
the Ethiopian authorities’ “rigour” in suppressing political opposition, the risk for her to be
tortured or otherwise ill-treated should she be returned to Ethiopia is real, foreseeable and
imminent. She refers to the high political exposure she had already in Ethiopia, which
increased in Switzerland. Due to numerous posts and shares on social media, and her
broadcasts with leading figures of the opposition on national television, it is inevitable that
the Ethiopian authorities have become aware of her political activities and dissent.
3.3
The complainant refers to the jurisprudence of the Federal Administrative Court,
according to which the Court has acknowledged that political activities of Ethiopians in exile
are monitored and recorded in databases by Ethiopian authorities. 6 The Court accepted that
political activists could be arrested if forcibly returned to Ethiopia, unless they clearly
distanced themselves from their political views. It also recognized that there was monitoring
of activities not only of high-ranking opposition members but also of low-profile activists,
and that the Ethiopian authorities would most probably persecute activists who were removed
to Ethiopia after seeking asylum abroad.7 Finally, she refers to Federal Administrative Court
judgments, dated 17 March 2016 and 13 July 2017, in which the Court stated that the
Ethiopian authorities had reinforced surveillance over political activists abroad by means of
modern software, that people affiliated with Ginbot 7 and Ethiopian Satellite Television &
Radio were targets of regular cyberattacks and that Ethiopian security services believed that
persons affiliated with the opposition who were forcibly returned from abroad were
opponents of the Government.
3.4
The complainant submits that, if returned to Ethiopia, she would be arrested upon her
arrival and detained by the current regime as a dissident. She refers to “numerous stories” of
members of the opposition who were arrested upon their arrival to Ethiopia. As an example,
4
5
6
7
4
She claims that her activities have been broadcast on Ethiopian national television and are easily
accessible on YouTube and Facebook.
The complainant refers to CAT/C/ETH/CO/1, para. 10.
Reference is made to judgments adopted by the Court on 3 September 2010, 11 October 2010 and 20
April 2012.
Reference is made to a judgment of the Court of 30 November 2007.