CAT/C/51/D/426/2010
her family were harassed by the Ethiopian authorities on several occasions due to their
presumed allegiance to the OLF. Soldiers searched the family’s house to look for the
complainant’s brother, who had fled the country. An Ethiopian soldier tried to pressure the
complainant to marry him in order to secure her family’s safety.
2.2
After her mother’s death in April 2007, the complainant fled Ethiopia with her
brother’s help. In September 2007, she travelled via Addis Ababa and Rome to
Switzerland, where she filed an asylum claim on 13 September 2007. Since September
2008, the complainant has been an active member of the Swiss OLF section.1 She has
participated in various public events for the Oromo cause. Photos of her carrying the
Oromo flag and photos of her at a meeting for the commemoration of martyrs have been
published on the Internet.
2.3
On 10 July 2009, the Federal Office for Migration determined that it could not
consider the merits of the complainant’s asylum request, because the complainant had not
provided a valid identification document. In a decision dated 26 February 2010, the Federal
Administrative Tribunal rejected the complainant’s appeal of the decision of the Federal
Office for Migration.
2.4
On 29 March 2010, the complainant filed a second asylum claim, in which she
remained content with describing her political activities in Switzerland while also
submitting a school certificate and a letter from a former member of the Ethiopian
parliament who had known her father. By its decision dated 10 May 2010, the Federal
Office for Migration dismissed the claim without assessing the merits.2
The complaint
3.1
The complainant asserts that Switzerland would violate her rights under article 3 of
the Convention by forcibly deporting her to Ethiopia, where she would “be at a real risk of
being subjected to state persecution and inhumane treatment” due both to her own active
participation in Ethiopian dissident activities in Switzerland, and to her father’s and
brother’s association or imputed association with the political opposition. The complainant
states that she is at risk because the Government of Ethiopia outlawed the OLF in 1992,
considers it a terrorist organization and routinely harasses, abducts and mistreats its
supporters. The complainant argues that she has become a visible figure in the Oromo exile
movement through continued and resolute activism; that she entertains close ties with
prominent dissident figures and is a member of the OLF European section’s executive
council; that photos of her participating in OLF events and holding the Oromo flag have
been published on the Internet; that the Ethiopian authorities have likely taken note of her
because her father was arrested on account of his political activism and long-standing
membership in the OLF, and her brother fled the country for fear of sharing the same fate;
and that the Government of Ethiopia has, through its newly enacted anti-terrorism
legislation, recently intensified its efforts to crack down on political opposition and monitor
1
2
On this issue, the complainant submits a letter issued by the OLF European office, dated 25 April
2010, stating that the complainant “has continued her political activities as an active member of OLF
Executive Committee in Europe”. (Complainant’s enclosure 2.)
In this second asylum decision, the Federal Office for Migration determined that the complainant did
not fulfil the criteria to be considered a refugee and contested the credibility of her account. The
Office considered the additional documentation provided by the complainant and found that her
political commitment and militancy were superficial, such that her return to Ethiopia would not likely
interest the Ethiopian authorities.
3