CAT/C/71/D/904/2018
implausible, given her poor medical condition, that she had been able to travel to Sweden
without seeking medical help. The Migration Court also found it peculiar that the
complainant could leave Ethiopia despite having been under surveillance.
4.7
The State party notes that the complainant provided conflicting statements as to the
number of her brothers killed by the representatives of the Government of Ethiopia, and as
to whether she had travelled with her aunt to Addis Ababa immediately after her release, or
had stayed in her aunt’s house before travelling to the capital.
4.8
The State party infers that the discrepancies detected in the complainant’s account are
of crucial importance. Even though she now claims that these contradictions partly result
from her post-traumatic stress disorder, which caused her severe memory loss, her health
status has never been cited as a reason for not being able to provide a coherent account in
support of her request for asylum. In fact, there appears to be no mention of verified memory
dysfunction in the report submitted by the complainant.
4.9
In the light of the foregoing, the State party finds no reason to question the conclusions
reached by the domestic authorities and holds that the complainant’s substantiation of her
claims is insufficient to conclude that she faces a foreseeable, personal, present and real risk
of ill-treatment upon her return to Ethiopia, contrary to article 3 of the Convention.
Complainant’s comments on the State party’s observations on admissibility and the
merits
5.1
On 17 October 2019, the complainant commented on the State party’s observations.
She maintains her arguments related to the admissibility of the complaint as presented in her
initial submission. As to the merits of the complaint, she claims that, although this
information does not appear in the documents, the female public defender originally assigned
to her case was replaced by a man until after the Swedish Migration Agency had delivered
its decision. She repeats that the interpreter too was a man. She claims that, even though she
officially had the right to challenge the minutes of the hearings and raise her torture claims
in the first-instance proceedings, she was unable to do so owing to her fear of men, which
comes from cultural differences and the ill-treatment by men that she has experienced.
5.2
In response to the State party’s allegations concerning the death of her older brothers,
she submits that she did not find the information about the death of her older brothers relevant
given that they were already dead at the time of her arrest and given that her youngest brother
was the only one present when the impugned incidents occurred. Regarding her alleged
inconsistency about the exact time of her younger brother’s death, she submits that her
brother was so severely injured that she took it for granted that he had been killed. However,
while in detention, she was told that her brother was still alive, information that had never
been confirmed. This is the primary reason why she has sometimes been inconsistent about
the alleged death of her younger brother.
5.3
She further reiterates that she is an uneducated woman who finds it hard to contest or
raise issues in settings where she feels inferior owing to her cultural background. She recalls
that she suffers from post-traumatic stress disorder and that erroneous translation may add to
the slight inconsistency of her narrative.
5.4
She further points out that, although the national authorities accepted that she had been
subjected to torture, they concluded at the same time that it has not been shown that this was
indeed connected to her perceived political opinion, without, however, putting forward any
plausible explanation for how they consider the complainant to have sustained her injuries.
In addition, it has been highlighted in her medical report, based on an assessment conducted
in accordance with the Istanbul Protocol, that she insisted on the importance of meeting with
female professionals owing to her distrust of men. In spite of this fact, several men were
present during the court hearing before the Migration Court, which may raise doubts as to
the fairness of the proceedings because, procedurally speaking, the complainant’s special
needs have never been addressed. This is all the more problematic because these claims have
been examined only by the Migration Court as the complainant was afraid of raising her
torture claims any earlier in the proceedings. In this respect, the Migration Court’s assessment
and the fairness of the proceedings could never be challenged since the Migration Court of
Appeal did not grant her request for leave to appeal.
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