CAT/C/46/D/375/2009
party does not in itself entail a risk of persecution, with the exception of two specific
parties, the Oromo Liberation Front and the Ogaden National Liberation Front. The
Committee has also noted the State party’s argument, to which it attaches the necessary
weight, that the profile of each complainant must be considered on a case-by-case basis in
the light of the full set of circumstances in order to establish that he would be particularly at
risk of persecution or torture if returned.
7.8
The Committee notes that the State party has acknowledged and taken into account
the fact that the Ethiopian authorities may be monitoring the activities of opponents in
exile. However, it has established that the decisive factor in assessing the risk of torture on
return is whether the person occupies a position of particular responsibility in a movement
opposing the regime and thus poses a threat to it. The Committee also attaches the
necessary weight to the State party’s argument that, in view of the actual activities of a
[CUDP] cantonal representative, simply holding this position does not mean that the person
concerned can be considered a threat to the Ethiopian Government, so that it is unlikely that
the complainant’s activities will have attracted the attention of the authorities.
7.9
The Committee also notes that, although the complainant says that he was arrested
and detained in 2003 and was subsequently wanted by the police, he does not claim to have
been subjected to any threats, intimidation or other form of pressure from the Ethiopian
authorities. He has not reported that any judicial proceedings were opened against him, or
produced any evidence, such as an arrest warrant or wanted notice, to support his claims
that he was wanted and thus would be subjected to treatment in violation of article 3 of the
Convention if returned. Reaffirming that it is normally for the complainant to present an
arguable case,7 the Committee is of the view that, on the basis of all the information
submitted to it, the complainant has not provided sufficient evidence to allow it to consider
that his return to Ethiopia would put him at a real, present and personal risk of being
subjected to torture, as required under article 3 of the Convention.
8.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, therefore concludes that the return of the complainant to Ethiopia would not
constitute a breach of article 3 of the Convention.
[Adopted in English, French and Spanish, the French text being the original version.
Subsequently to be issued also in Arabic, Chinese and Russian, as part of the Committee’s
annual report to the General Assembly.]
7
GE.11-43945
See communications No. 298/2006, C.A.R.M. et al. v. Canada, Views adopted 18 May 2007, para.
8.10; No. 256/2004, M.Z. v. Sweden, Views adopted 12 May 2006, para. 9.3; No. 214/2002, M.A.K. v.
Germany, Views adopted 12 May 2004, para. 13.5; and No. 150/1999, S.L. v. Sweden, Views adopted
11 May 2001, para. 6.3.
7