CAT/C/71/D/904/2018
men, which, in her case, may raise doubts as to the fairness of the proceedings. She explains
that it was indicated in her medical/psychological report that she insisted on the importance
of meeting with female professionals owing to her distrust of men. The Committee considers,
however, that the complainant failed to show that she had explicitly requested the asylum
authorities not to conduct the proceedings in the presence of men or to find other ways to
accommodate her needs in this regard.
7.8
The Committee notes that the complainant has had ample opportunities to provide
supporting evidence and further details of her claims, but that the evidence she provided did
not allow the national asylum authorities to conclude that her past experiences of arrest and
torture would expose her to a risk of being subjected to torture if she were returned to Ethiopia.
In this regard, the Committee notes that the complainant’s sequelae were not contested by
the national authorities, but that the Migration Court held that the medical/psychological
report alone did not establish the origin of those sequelae. Therefore, and in the light of the
inconsistencies detected in her oral statements, the State party held that the
medical/psychological report could not confirm the complainant’s narrative. Taking also into
consideration that complete accuracy is seldom to be expected from victims of torture, 7 the
Committee considers that the domestic authorities may have been relying heavily on the
complainant’s negative credibility assessment even though some inconsistencies in the
complainant’s statements may have originated in translation errors or may have been
reasonably explained.
7.9
In any event, the Committee recalls that ill-treatment suffered in the past is only one
element to be taken into account, the relevant question before the Committee being whether
the complainant currently runs a risk of torture if returned to Ethiopia. 8 The Committee
considers that, even if it were to disregard the alleged inconsistencies in the complainant’s
account of her past experiences in Ethiopia and accept her statements as true, the complainant
has not provided any information credibly indicating that she would presently be of interest
to the authorities of Ethiopia. In this regard, the Committee observes that the complainant did
not profess, either to the national authorities or to the Committee, to have taken part in
political activities in Ethiopia. Nor did she claim to have been engaged in political activities
of diaspora groups during her stay in Sweden. In addition, the fact that the complainant was
able to leave Ethiopia without any incident also shows the lack of interest of the State
authorities in her whereabouts, especially because she could not establish that she had left
the country illegally. Furthermore, she did not submit any evidence to demonstrate that the
Ethiopian authorities are looking for her, either on the grounds of past events or for any other
reason. The Committee therefore considers that the complainant has failed to adduce
sufficient evidence to establish that her presumed past affiliation with the Ogaden National
Liberation Front based on the membership of her relatives in the organization would be of
enough significance to attract the real interest of the Ethiopian authorities.
7.10 The Committee is aware of the past reports of human rights violations, including the
use of torture, in Ethiopia9 and the crackdown on political dissidents and arrests of bloggers
and journalists.10 Nonetheless, it recalls that, for the purposes of article 3 of the Convention,
the individual concerned must face a foreseeable, personal, present and real risk of being
tortured in the country to which he or she is returned, considering that past arrests do not as
such represent substantial grounds for believing that such a risk is present. In view of the
foregoing, the Committee considers that the information submitted by the complainant is
7
8
9
10
8
Ibid., para. 42. See also Alan v. Switzerland (CAT/C/16/D/21/1995), para. 11.3; and G.E. v. Australia
(CAT/C/61/D/725/2016), para. 7.6.
See, e.g., S.S.B. v. Denmark (CAT/C/60/D/602/2014), para. 8.7; and Thirugnanasampanthar v.
Australia (CAT/C/61/D/614/2014), para. 8.7.
See, e.g., the Committee’s concluding observations on the initial report of Ethiopia
(CAT/C/ETH/CO/1, paras. 10–14); Human Rights Watch, “We Are Like the Dead”: Torture and
Other Human Rights Abuses in Jail Ogaden, Somali Regional State, Ethiopia (2018); and Amnesty
International, Beyond Law Enforcement: Human Rights Violations by Ethiopian Security Forces in
Amhara and Oromia (2020).
Human Rights Watch, “Such a Brutal Crackdown”: Killings and Arrests in Response to Ethiopia’s
Oromo Protests (2016).