CAT/C/65/D/765/2016
information available to it in accordance with article 22 (4) of the Convention, taking into
account all the circumstances relevant to each case (para. 50).
7.6
In assessing the risk of torture in the present case, the Committee notes the
complainant’s claims that he was repeatedly arrested and detained in Ethiopia due to the
political activities of his two brothers and his suspected affiliation with the Oromo
Liberation Front, and that he was subjected to beating, ill-treatment and threats during
interrogations. It also notes his claim that, if he were returned to Ethiopia, he would face a
real risk of torture or ill-treatment from the Ethiopian authorities on account of his political
profile and participation in the activities of the Oromo Liberation Front in Switzerland. The
Committee further notes that, to support his allegations, the complainant referred to reports
of a crackdown on political dissidents and exiled activists, in particular on suspected
supporters of the Oromo Liberation Front. He also argued that not only were the leaders or
high-profile figures of political movements at risk of being detained, ill-treated or tortured
in Ethiopia, but anyone who opposed or was suspected of opposing the current authorities.
7.7
The Committee notes that the State party recognizes the legitimate concern
regarding the human rights situation in Ethiopia. In the present case, the Committee notes
that the complainant claims to have been arrested, ill-treated and tortured while detained
due to his two brothers’ and his suspected affiliation with the Oromo Liberation Front and
that, following the conclusion of the national asylum procedure, he submitted letters that
confirmed his membership and participation in the activities of the Front. The Committee
also notes that, according to the State party, the complainant did not establish that the illtreatment he suffered amounted to intolerable psychological pressure, nor did he provide a
precise description of his activities carried out in support of the Front, or tangible evidence
demonstrating that he was actually a member of the movement. The Committee notes that,
according to the State party, the complainant’s statements lacked consistency, including
with regard to his release despite his alleged involvement in the Front, the absence of
claims by him that the activism of his brothers was the cause of his problems, and the time
that had elapsed between his first detention in 2008 and his escape in 2011, which,
according to the national asylum authorities, undermined the complainant’s credibility.
Furthermore, the Committee notes that, according to the State party, the complainant’s
political activities in Switzerland were not of a sufficiently high profile for him to be
considered as a serious threat to the Government of Ethiopia. The Committee also notes the
complainant’s claim that the Ethiopian authorities monitor opposition members abroad, but
observes that he did not elaborate on this claim or present any evidence to support it. Lastly,
the Committee notes the recent process of political transition in Ethiopia, including the
commitment to respect human rights and ensure accountability for past violations, which
may be a sign that the risk of any ill-treatment for returnees to their country of origin has
been reduced.
7.8
The Committee recalls that it must ascertain whether the complainant is currently at
risk of being subjected to torture if he were returned to Ethiopia. 18 The Committee notes
that the complainant has had ample opportunity to provide supporting evidence and further
details of his claims, including medical certificates or letters of attestation, at the national
level to the Federal Office for Migration and the Federal Administrative Court, but that the
evidence he provided did not allow the national asylum authorities to conclude that his past
experiences of arrest and torture would expose him to a risk of being subjected to torture if
he were returned to Ethiopia. The Committee observes that the complainant did not report
any irregularities in the national asylum proceedings. The Committee observes that the
complainant has failed to adduce sufficient evidence of his work for the Oromo Liberation
Front and to adequately substantiate that his participation in political activities in
Switzerland would be of enough significance to attract the real interest of the Ethiopian
authorities; nor has he submitted any evidence to demonstrate that the Ethiopian authorities
are looking for him or that he would face a personal risk of being tortured if he were
returned to his country of origin. The Committee is concerned by the past reports of human
18
10
See, for example, G.B.M. v. Sweden (CAT/C/49/D/435/2010), para. 7.7.