CAT/C/54/D/491/2012 including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights. 9 Such a pattern in itself is not a sufficient basis for concluding that an individual might be subjected to torture upon his or her return to his or her country of origin, and additional grounds must exist for the risk of torture to qualify as “foreseeable, real and personal” under article 3 of the Convention. 4.4 Regarding the general human rights situation in Ethiopia, the State party submits that the elections in Ethiopia in May and August 2005 strengthened the representation of opposition parties in the Parliament. It recognizes that, although the Ethiopian Constitution explicitly recognizes human rights, there are many instances of arbitrary arrest and detention, particularly of members of opposition parties, and that the judiciary lacks independence. However, being a member or supporter of an opposition political party does not, in principle, lead to a risk of persecution. It is different for persons who hold a prominent position in an opposition political party. 10 In the light of the above information, the competent Swiss asylum authorities have adopted differentiated practices to determine the risk of persecution. Individuals who are suspected by the Ethiopian authorities of being members of OLF or the Ogaden National Liberation Front are considered at risk of persecution. With regard to monitoring political activities in exile, the State party submits that, according to the information available to it, the Ethiopian diplomatic or consular missions lack the personnel and structural resources to systematically monitor the political activities of members of opposition parties in Switzerland. However, active and/or important members of the opposition, as well as activists of organizations campaigning for the use of violence, run the risk of being identified and registered and, therefore, of being persecuted if returned to Ethiopia.11 4.5 The State party indicates that, in her first asylum request, the complainant did not refer to the ill-treatment to which she was allegedly subjected while in detention in May 2004 nor to the threats she allegedly received from a police officer later (see paras. 2.2 and 2.3 above). As to her alleged political activities, the State party notes that, during the first asylum proceedings, the complainant declared that she was a sympathizer of OLF, without making any reference to Mecha Tulema. Thirteen days later, she stated that she had been an active member of Mecha Tulema since 2001 or 2002; then she stated that she was not a member of Mecha Tulema, but that she participated in all of its activities. Her claims of political activities in Ethiopia were carefully and thoroughly examined by the Federal Administrative Court, which considered them vague and not credible. The authorities noted that, inter alia, the complainant did not have any problems or any relevant incidents with the authorities after May 2004. In 2006, she legally left the country by aeroplane, without any problem, to work in Kuwait, and that was two and a half years after her alleged detention by the police. Accordingly, the asylum authorities concluded that she would not be at risk of persecution if returned to her country of origin. 4.6 The State party states that the Federal Migration Office and the Federal Administrative Court also examined her allegation that she would be at risk of being subjected to torture owing to her alleged political activities in Switzerland. It indicates that 9 10 11 6 The State party refers to the Committee’s general comment No. 1 (1997) on the implementation of article 3 of the Convention in the context of article 22, paras. 6 and 8; and communications No. 94/1997, K. N. v. Switzerland, decision adopted on 19 May 1998, paras. 10.2 and 10.5; and No. 100/1997, J. U. A. v. Switzerland, decision adopted on 10 November 1998, paras. 6.3 and 6.5. The State party refers to the United Kingdom, Home Office, UK Border and Immigration Agency, Operational Guidance Note, Ethiopia, March 2009, paras. 3.6 and following. The State party refers to Canada, Immigration and Refugee Board of Canada, Ethiopia: Evidence of surveillance by government officials of demonstrations against Ethiopia in Europe and North America (2006–February 2007), 13 March 2007.