CAT/C/65/D/765/2016
term detention. However, he admits that it is not certain that the authorities had evidence
against him or that he really was wanted by them at the time of his departure.
5.8
In answer to the State party’s claim that there is no clear evidence that the
complainant’s political profile in Switzerland is of sufficient importance to attract the
attention of the Ethiopian authorities, the complainant concedes that the letters to confirm
his membership of the Oromo community in Switzerland are not sufficient to prove that he
would attract the attention of the Ethiopian authorities. Nevertheless, they show that he is a
member of an organization declared to be a terrorist movement by the Ethiopian
authorities.14 It is his affiliation with the movement that puts him at a foreseeable, real and
personal risk of being subjected to torture or inhuman treatment in the event of his return to
Ethiopia. The photographs show that the complainant is an active member who regularly
goes to the meetings and events of the movement in Switzerland. The photographs also
establish that the complainant has met with high-ranking political opponents such as Haile
Neway and Leta Baysissa. These people are regularly and closely followed, so even shortterm contact may be enough for the Ethiopian authorities to identify the complainant as a
political opponent.
5.9
In objection to the alleged lack of evidence that the complainant’s political activities
are of a sufficient importance and nature to make him a target of the Ethiopian authorities,
he claims that the level of surveillance of Ethiopians who carry out dissident activities
abroad is high. He reiterates that his presence at numerous dissident activities while in exile,
which were also attended by leaders of the movement, and his political profile, have
reached a significance that could represent a serious and concrete threat to the Ethiopian
authorities. Given the fact that he is a brother of two former opponents of the Government,
that he was already suspected of being in contact with political opponents in his country of
origin, and that he sought asylum abroad, it is highly unlikely that the Ethiopian authorities
would not have an interest in him.
5.10 With regard to the State party’s argument concerning the factual inconsistencies and
weak credibility of the complainant due to his evasive replies and lack of evidence that he
was sought by the Ethiopian authorities at his home after leaving the country, the
complainant submits that his brother, with whom he lived in the same house in Ethiopia,
encountered problems following his departure. He adds that punishing family members of
alleged opponents is typical in Ethiopia. The Ethiopian authorities routinely criticize the
family members of those with dissenting opinions, arresting them in place of their real
opponents. With regard to his explanations of the problems encountered by his brother that
he gave during the asylum procedure, the complainant asserts that his answers were not
evasive, but that he had difficulty understanding. Once he understood what the investigator
wanted to know about the concrete problems his brother had encountered, he answered in a
very plausible way.
5.11 The complainant concludes by submitting that he has significant reason to fear that
he would be personally exposed to torture if he were to return to Ethiopia. Accordingly, he
requests the Committee to find that his return to Ethiopia would be contrary to the principle
of non-refoulement and would therefore constitute a violation of article 3 of the Convention
by Switzerland.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim submitted in a communication, the Committee must
decide whether it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same
matter has not been and is not being examined under another procedure of international
investigation or settlement.
14
8
Country of origin research and information, “Ethiopia: treatment of members of the Oromo Liberation
Front, including members of their family”, 6 June 2009.