CAT/C/71/D/865/2018
from the complainant’s statements, to which synod the Ethiopian Orthodox Tewahedo
Church in Zurich belongs, nor whether the Church is critical of the Ethiopian regime.
4.5
The State party notes that the situation in Ethiopia has changed in several respects
since the Federal Administrative Court issued its decision of 6 July 2017 regarding the
complainant’s case. The state of emergency declared in February 2018 was officially lifted
in June 2018,9 the Prime Minister, Abiy Ahmed, concluded a peace treaty with Eritrea10 and
hundreds of political prisoners were released.11
4.6
The State party indicates that the complainant does not claim to have been subjected
to torture or ill-treatment in the past to substantiate the risk that he would allegedly run if he
were removed to Ethiopia.12
4.7
According to the State party, the complainant has not been able to establish that he
has engaged in political activities in Ethiopia or Switzerland that could result in his
persecution by the Ethiopian regime. The State party emphasizes that the complainant’s first
application for asylum was rejected because he failed to provide evidence that he was a priest
in the Ethiopian Orthodox Tewahedo Church in Ethiopia. It also emphasizes that the
complainant has not been able to demonstrate that he had to leave his country because of the
separation of the Church into two synods and specific problems that he claims he faced in his
country of origin. The State party further emphasizes that, in his second and third applications
for asylum, the complainant mainly referred to his activities in Switzerland and omitted to
mention the problems that he had invoked in support of his first application. Moreover, the
complaint has not called into question the arguments of the national authorities casting doubt
on the activities he claimed to have carried out in Ethiopia. The State party also emphasizes
that the complainant has not claimed before the national authorities or before the Committee
that he pursued political activities in opposition to the regime in his country of origin. The
State party submits that, during his hearings, the complainant expressly denied that he had
had any problems with the authorities of his country of origin or that he had engaged in
political activities there. He claimed only to have fled because of internal conflicts within his
religious community.
4.8
With regard to the complainant’s political activities in Switzerland, the State party
points out that on 13 November 2016 the head of the Ethiopian Orthodox Tewahedo Church
in Switzerland recognized that the complainant was one of the three priests officiating
services for the Church in Switzerland and was also a chaplain and a teacher in the Sunday
school. Furthermore, the State party emphasizes that, after a careful examination of the
complainant’s case, the Federal Administrative Court agreed with the position of the State
Secretariat for Migration, stating in a decision of 6 July 2017 that it had no doubt that the
complainant, as one of the three priests active in the Ethiopian Orthodox Tewahedo Church
in Switzerland, held a “publicly visible” position within the community of Ethiopians in exile.
The State party claims, however, that despite the Ethiopian regime’s surveillance of exiled,
politically active and publicly visible figures, it cannot be assumed that the complainant’s
activities and statements in his capacity as a priest, chaplain and Sunday schoolteacher are of
a sufficiently political nature to attract the interest of the Ethiopian authorities.
4.9
With regard to the credibility of the claims made, the State party submits that the
complainant has not credibly demonstrated that the Ethiopian Orthodox Tewahedo Church
in Zurich is critical of the Ethiopian regime, despite his having been explicitly requested to
do so. Moreover, the complainant has not provided evidence of his supposedly critical and
public political views, which he could have done by providing transcripts of statements that
he claims to have made at religious ceremonies or copies of written publications. The State
party also considers that the complainant’s participation in political demonstrations, such as
rallies in Geneva against human rights violations in Ethiopia and meetings of the Ethiopian
9
10
11
12
4
Amnesty International, “Ethiopia: Lifting of state of emergency must be followed by investigation of
abuses”, 6 June 2018.
Lematin.ch, “L’Érythrée et l’Éthiopie ne sont plus en guerre”, 9 July 2018; Ethiopian Press Agency,
“Hailing peace in Ethiopia, Eritrea”, 17 July 2018.
Amnesty International, “Ethiopia: Release of hundreds of detainees must lead to freedom for all
prisoners of conscience”, 17 January 2018.
Committee against Torture, general comment No. 4, para. 49 (b) and (c).
GE.21-14023