CAT/C/71/D/904/2018
5.5
Lastly, the complainant notes that, in spite of the reports referred to by the State party,
the human rights situation in Ethiopia is still fragile and, given her personal circumstances,
she maintains that she faces a foreseeable and real risk of being subjected to ill-treatment, in
breach of article 3 of the Convention, if deported to Ethiopia.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any complaint submitted in a communication, the Committee must
decide whether the communication is admissible under article 22 of the Convention. The
Committee has ascertained, as it is required to do under article 22 (5) (a) of the Convention,
that the same matter has not been and is not being examined under another procedure of
international investigation or settlement.
6.2
In accordance with article 22 (5) (b) of the Convention, the Committee shall not
consider any communication from an individual unless it has ascertained that the individual
has exhausted all available domestic remedies. The Committee notes that the complainant
appealed the negative decision on her asylum application to the Migration Court and that she
sought leave to appeal to the Migration Court of Appeal, which denied her request on 7
August 2018. The Committee notes that, in the present case, the State party has not contested
that the complainant has exhausted all available domestic remedies. Accordingly, the
Committee considers that it is not precluded by article 22 (5) (b) of the Convention from
examining the present communication.
6.3
The State party submits that the communication is inadmissible as manifestly
unfounded. The Committee considers, however, that the claims put forward by the
complainant raise substantive issues that should be examined on the merits. As the
Committee finds no obstacles to admissibility, it declares the communication admissible and
proceeds with its consideration of the merits.
Consideration of the merits
7.1
In accordance with article 22 (4) of the Convention, the Committee has considered
the communication in the light of all the information made available to it by the parties.
7.2
In the present case, the issue before the Committee is whether the return of the
complainant to Ethiopia would constitute a violation of the State party’s obligation under
article 3 of the Convention not to expel or to return (“refouler”) a person to another State
where there are substantial grounds for believing that he or she would be in danger of being
subjected to torture.
7.3
The Committee must evaluate whether there are substantial grounds for believing that
the complainant would be personally in danger of being subjected to torture upon return to
Ethiopia. In assessing that risk, the Committee must take into account all relevant
considerations, pursuant to article 3 (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 be returned. 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. 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.3
7.4
The Committee recalls its general comment No. 4 (2017), according to which the
Committee will assess “substantial grounds” and consider the risk of torture as foreseeable,
3
6
See, e.g., E.T. v. Netherlands (CAT/C/65/D/801/2017), para. 7.3; and Y.G. v. Switzerland
(CAT/C/65/D/822/2017), para. 7.3.