CAT/C/62/D/688/2015
certificates to the Committee: a medical report dated 2 April 2015 concerning an x-ray of
his pelvis, and two psychiatric reports dated 13 May 2015 and 17 June 2015 in which it is
stated that he suffered from suicidal ideas because of post-traumatic stress disorder and that
he had been hospitalized due to a risk of self-harm. The State party considers that the
medical conditions mentioned by the complainant occurred after the end of the domestic
asylum proceedings and finds it unlikely that they were caused by the alleged past torture.
4.3
The State party considers that factual inconsistencies in the complainant’s account
undermine its plausibility. At the initial asylum interview, the complainant stated that he
had resigned from the secret service on 19 June 2011, that he was arrested on 30 August
and that he was taken to jail the following day. However, the complainant contradicted
himself at the second interview by saying that it was only 10 days after his resignation that
policemen had gone to his house. When asked about the contradiction, the complainant
answered that the dates must have been incorrectly converted from the Ethiopian calendar.
Nevertheless, the State party notes that the interview records, including the dates concerned,
were read back to the complainant in Amharic, a language he fully understood, and that he
confirmed the accuracy of the records. Thus, the State party considers his explanation of the
contradiction not sufficiently convincing.
4.4
The State party takes note of another inconsistency concerning the content of the
documents the complainant signed before he was released from prison. At the first hearing,
he said that in the documents it was stated that he had agreed to withdraw his resignation
and continue his work for the secret service. At the second hearing, he said that he had not
read them before signing. When asked to clarify the inconsistency, he explained that it was
true that he had not read the documents, but at the first hearing he simply presumed what
the documents would have contained, that is, they would refer to his alleged activities for
opposition groups and his promise not to continue them. The State party considers that as a
former secret service agent with corresponding training, the complainant should have been
able to describe in a more precise manner the events that occurred between his resignation
and release.
4.5
The State party, referring to the finding by the competent asylum authorities,
submits that the complainant’s claims as to his secret service activities in Ethiopia are not
plausible. It considers that allegations are not plausible if essential points are not presented
in a sufficiently concrete, detailed and differentiated manner, thus conveying the impression
that the person has not experienced the events described. The State party also submits that
the complainant could not describe his work as a secret service agent in a precise manner
and could only give general comments. When asked about the kinds of reports he dealt with
as a secret service agent, he could only reply, without providing details, that the reports
concerned opposition parties and their supporters. Moreover, the complainant could not
provide a physical description of his superiors or of his colleagues. The State party
considers that the complainant does not have the necessary knowledge of secret service
activities and that his account does not give the impression that he actually experienced the
events described.
4.6
In respect of the complainant’s allegation that his membership of Ginbot 7 and his
political activities in Switzerland would put him at a risk of being subjected to torture upon
his return, the State party considers it unlikely that the complainant has attracted the
attention of the Ethiopian authorities. The State party recognizes that the Ethiopian
Government designated Ginbot 7 as a terrorist organization in 2011 and thus pays particular
attention to its members. However, it submits that the Government takes an interest in
someone only when his or her activities are perceived to be a real threat to the existing
political system, and it considers that the complainant does not present such a profile. As
the complainant was not sought by the Ethiopian authorities at the time of his departure
from the country, the State party considers that it is improbable that he has since then
become the object of persecution due to his activities in Switzerland. No evidence indicates
that he is part of the core of opposition figures in exile to whom the Ethiopian authorities
and the security services would pay special attention. The Federal Administrative Court
noted that the complainant never, for example, mentioned the arrest of Andargachew Tsege,
one of the leaders of Ginbot 7, who was apprehended in Yemen, or demonstrated that he
was closely associated with the core group of opposition figures and their activities.
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