CAT/C/71/D/865/2018 reconcile with the opposition will be effective and sustainable. The complainant recalls that the Court stated in several recent decisions that, despite the progress made, the situation in Ethiopia remained worrying and was still largely unstable. He adds that the tense situation in Ethiopia has been described in a detailed report from the Danish Immigration Service, which pointed out that, despite some improvement, there were reports of politically motivated detention and a substantial number of political prisoners had not yet been released. 16 5.3 With regard to his political activities in Switzerland, the complainant emphasizes that the State party recognizes that the Ethiopian secret services have recently stepped up their surveillance of members of the opposition residing abroad and that it should therefore be assumed that persons who are politically active against the Ethiopian regime can be identified. The complainant notes, however, that the State party has stated that such surveillance is limited to persons who hold positions of responsibility in the political opposition and pose a threat to the regime. The complainant emphasizes that, while the State party affirms that the Ethiopian Government respects freedom of religion and that religious leaders (in exile) are not considered to be a threat by the Ethiopian regime, the Swiss authorities have not contested the report of the Immigration and Refugee Board of Canada, presented in the communication, which concluded that members of the Ethiopian Orthodox Tewahedo Church have been arrested and persecuted. The complainant observes that the report of the Immigration and Refugee Board of Canada states that religious freedom is tolerated in Ethiopia only insofar as practitioners are not involved in any political activity. The complainant therefore reiterates that his membership of the Ethiopian People’s Patriotic Front and the Ginbot 7 movement, engaged in various political activities, and his position as one of the only three priests of the Ethiopian Orthodox Tewahedo Church in Switzerland, would put him at risk of being tortured or subjected to ill-treatment if he were returned to Ethiopia, in violation of article 3 of the Convention. Issues and proceedings before the Committee Consideration of admissibility 6.1 Before considering any complaint submitted in a communication, the Committee must decide whether it 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 The Committee recalls that, in accordance with article 22 (5) (b) of the Convention, it shall not consider any communication from an individual unless it has ascertained that the individual has exhausted all available domestic remedies. It notes that, in the present case, the State party does not contest the exhaustion of all available domestic remedies by the complainant or the admissibility of the communication. 6.3 As the Committee finds no further obstacles to admissibility, it declares the complaint admissible under article 3 of the Convention and proceeds with its consideration of the merits. Consideration of the merits 7.1 The Committee has considered the present communication in the light of all the information made available to it by the parties, in accordance with article 22 (4) of the Convention. 7.2 The issue before the Committee is whether the removal 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 return (“refouler”) a person to another State where there are grounds for believing that he or she would be in danger of being subjected to torture or other cruel, inhuman or degrading treatment or punishment. The Committee recalls that the prohibition 16 6 Denmark, Immigration Service, Ethiopia: Political situation and treatment of opposition, September 2018, pp. 12–13. GE.21-14023

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