CAT/C/53/D/458/2011
Board, and that no request had been made by the complainant for a medical examination to
be carried out by the State party (see para. 4.10).
6.6
The State party points out that the Refugee Appeals Board fully considered the
complainant’s claim about the assaults against the Oromo population in Ethiopia in 2008.
The Board specifically considered whether there was a risk of the complainant being
subjected to outrages in her country owing to her ethnicity and came to the conclusion that
there was no risk of persecution for the complainant on this ground. In that light, the Board
decided to dismiss the complainant’s request for adjournment of the proceedings. Thus, the
allegation of the complainant that the Board had given no reason for its refusal to adjourn
the proceedings is not correct.
6.7
The State party disagrees with the complainant regarding the similarity between the
case of Said Amini v. Denmark and the complainant’s case. The State party states that,
unlike Said Amini, the complainant has developed her statements continuously during the
proceedings up until the Board’s decision of 17 October 2008 and during the proceedings in
connection with the request for reopening of the proceedings. The complainant’s statements
have developed from not knowing what party her father was a member of to participating
actively herself in the political work of the Oromo Liberation Front, having been
imprisoned for several times and having been questioned and subjected to torture in that
connection.
Complainant’s further submission
7.
On 15 September 2012, the complainant submitted her comments on the State
party’s submission that the Amnesty International report of 2 June 2009 does not conclude
that she had been subjected to the outrages claimed. The complainant argued that the report
concluded that “The objective physical observations are comparable with the described
forms of torture” and that her scars in particular “must be regarded as findings that greatly
support [her] explanation”. The complainant further states that since the Amnesty
International report concludes that she was a victim of torture, the State party should reopen
the case.9
Issues and proceedings before the Committee
Consideration of admissibility
8.1
Before considering any claims contained 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, paragraph 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.
8.2
The Committee recalls that, in accordance with article 22, paragraph 5 (b), of the
Convention, it shall not consider any complaint from an individual unless it has ascertained
that the individual has exhausted all available domestic remedies. The Committee notes
that, in the present case, the State party has not raised any concerns regarding the
exhaustion of all available domestic remedies by the complainant.
9
The author refers to the communication of Senait Abreha v. Denmark, decision on discontinuance of
14 May 2012. In that case, the Danish Refugee Appeals Board had failed to perform a medical
examination of alleged torture and the complainant had her asylum claim rejected. After that, the
complainant obtained a medical report from Amnesty International and applied to the Committee,
which granted provisional interim measures. The Danish Refugee Appeals Board reopened the case
and subsequently granted asylum to the complainant.
9