CAT/C/51/D/426/2010
Ethiopia. In assessing this risk, the Committee must take into account all relevant
considerations, pursuant to article 3, paragraph 2, of the Convention, including the
existence of a consistent pattern of gross, flagrant or mass violations of human rights.
However, the Committee recalls that the aim of such determination is to establish whether
the individual concerned would be personally at a foreseeable and real risk of being
subjected to torture in the country to which he or she would return. It follows that the
existence of a pattern of gross, flagrant or mass violations of human rights in a country does
not as such constitute sufficient reason for determining that a particular person would be in
danger of being subjected to torture on return to that country; additional grounds must be
adduced to show that the individual concerned would be personally at risk.10
9.3
The Committee recalls its general comment No. 1 (1997) on the implementation of
article 3 of the Convention, that “the risk of torture must be assessed on grounds that go
beyond mere theory or suspicion”. While the risk does not have to meet the test of being
“highly probable” (para. 6), it must be personal and present. In this regard, in previous
decisions, the Committee has determined that the risk of torture must be foreseeable, real
and personal.11 While under the terms of its general comment the Committee is free to
assess the facts on the basis of the full set of circumstances in every case, it recalls that it is
not a judicial or appellate body, and that it must give considerable weight to findings of fact
that are made by organs of the State party concerned.12 In this respect, the Committee notes
that various authorities in the State party examined the facts and evidence that the
complainant produced and also submitted to the Committee.
9.4
In assessing the risk of torture in the present case, the Committee notes the
complainant’s claims that her father was abducted in 2005 due to his OLF activities, and
that her brother was sought by the Ethiopian authorities due to his presumed allegiance to
the OLF. The Committee also takes note of the complainant’s allegations that a soldier tried
to pressure her to marry him in order to secure her family’s safety, and that the authorities
repeatedly visited her family home to interrogate her about her brother’s whereabouts. The
Committee further notes the complainant’s submissions about her own involvement in the
activities of the OLF. It also notes the State party’s position in this regard, namely, that it
considers that the complainant’s activities within the OLF are not eminently political in
nature and would not be of interest to the Ethiopian authorities. The Committee observes
the State party’s contention that the documents furnished by the complainant to substantiate
her involvement in the OLF “demonstrate neither the author’s political commitment to an
opposition movement, nor antigovernment militant activity”.
9.5
The Committee takes note of the State party’s observations concerning the
complainant’s lack of credibility. These concerns are based on factors including the
presentation of contradictory information concerning the harassment suffered by the
complainant in Ethiopia and the year in which her father’s arrest occurred; the questionable
authenticity/veracity of the corroborating statements she provided from the Oromo
Parliamentarians Council and Mr. Shiferaw; and the complainant’s inability to provide a
valid means of identification or, in the alternative, an acceptable explanation for her
inability to do so.
10
11
12
8
Conversely, the absence of a consistent pattern of flagrant violations of human rights does not mean
that a person might not be subjected to torture in his or her specific circumstances.
See, inter alia, communications No. 258/2004, Dadar v. Canada, decision adopted on 23 November
2005, and No. 226/2003, T.A. v. Sweden, decision adopted on 6 May 2005.
General comment No. 1, para. 9; communication No. 375/2009, T.D. v. Switzerland, decision adopted
on 26 May 2011, para. 7.7.