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