CAT/C/48/D/393/2009 meeting with Ms. Mideksa. She claims that such exposure puts her in a prominent position and makes her a target for the Ethiopian security forces. 3.3 The complainant maintains that the Federal Administrative Court did not examine in detail whether her political activity would lead to a risk of torture if she was forcibly returned to Ethiopia. She further maintains that Ethiopia is well known for its human rights abuses against opposition leaders, and reliable reports confirm that the Ethiopian authorities monitor the activities of Ethiopians in the diaspora.2 As such, the complainant claims that she would be exposed to a real risk of arrest and torture if she were returned to Ethiopia. 3.4 According to human rights organizations, the Ethiopian Government intensified its efforts to suppress dissent political organization.3 The Ethiopian Parliament is currently debating the draft of a new anti-terrorism proclamation with the objective of cracking down on all forms of opposition in the country, assimilating political activities, including peaceful political demonstrations, to terrorist acts. The complainant submits that the draft law would also permit long-term imprisonment and the death penalty for offences such as damage to property or disruption of any public service for the purpose of advancing a political, religious or ideological cause. She further submits that a person need only threaten to commit such a crime to be prosecuted as a terrorist. The complainant maintains that due to her political background and her prominent role within CUDP/KINIJIT, she fears persecution and claims that she would be exposed to a high risk of torture if she returns to Ethiopia. State party’s observations on the admissibility and the merits of the complaint 4.1 On 27 January 2010, the State party submits its observations on the admissibility and the merits. The State party submits that according to article 3 of the Convention, States parties are prohibited from expelling, returning or extraditing a person to another State where there exist substantial grounds to believe that he/she would be subjected to torture. To determine the existence of such grounds, the competent authorities must take into account all relevant considerations, including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights. 4 The existence of gross, flagrant or mass violations of human rights is not in itself a sufficient basis for concluding that an individual might be subjected to torture upon his/her return to his/her country of origin or that additional grounds must exist for the risk of torture to qualify, under the meaning of article 3, as “foreseeable, real and personal.” 4.2 Regarding the general human rights situation in Ethiopia, the State party submits that the elections in Ethiopia in May 2005 and August 2005 have strengthened the representation of opposition parties in Parliament. It acknowledges that although the Ethiopian Constitution explicitly recognizes human rights, there are many instances of arbitrary arrests and detentions, particularly of members of opposition parties. In addition, an independent judiciary is lacking. However, being a member or supporter of an opposition political party does not, in itself, lead to a risk of persecution. The situation is different for a person who holds a prominent position in an opposition political party. 5 In the light of the above information, the competent Swiss asylum authorities have adopted a differentiated approach to determine the risk of persecution. Persons, who are suspected by 2 3 4 5 4 Amnesty International Report 2009, Ethiopia. Human Rights Watch, “An analysis of Ethiopia’s draft anti-terrorism law,” updated 30 June 2009. The State party refers to the Committee’s general comment No. 1 (1996) and communications No. 94/1997, K.N. v. Switzerland, para. 10.2; and No. 100/1997, J.U.A. v. Switzerland, paras. 6.3 and 6.5. The State party refers to United Kingdom Border Agency, “Operational Guidance Note: Ethiopia,” issued March 2009, para. 3.7.9.