CAT/C/48/D/414/2010
nature to make him a person of interest for the Ethiopian regime. The State party reiterates
the Federal Administrative Court argumentation that the complainant has not presented in a
convincing manner that he would have been persecuted by the authorities after those
elections. The Court had based its conclusion on the contradictions between the statements
of the complainant of 18 July 2006 and of 26 July 20069 and on the fact that it was not clear
from the case file whether the complainant had participated in the 2005 demonstrations. In
view of the above the domestic asylum authorities had concluded that the complainant
could not present credible evidence that he was wanted by the authorities after the 2005
elections due to his political activities or that the Ethiopian authorities would have taken
any action against him because of his activities. The State party maintains that this
conclusion was emphasized by the fact that the complainant could not explain what identity
he used to fly to Europe (from Khartoum, Sudan to Frankfurt, Germany, then to Milan,
Italy).
4.8
The State party notes that the complainant claims before the Committee to be a
founding member of KINIJIT Switzerland. However, before the domestic authorities, he
had stated that he became a member of this organization, which was founded before his
arrival in Switzerland, in August 2006. According to the complainant, he was an active
member of KINIJIT Switzerland, he participated in particular in some demonstrations and
in meetings of KINIJIT Switzerland and contributed to the cyberethiopia.com forum
between December 2008 and February 2009. The complainant had not claimed to have
engaged in activities going beyond those or to have occupied a leadership position in the
organization. The State party notes that the complainant’s claims were the subject of
extensive analysis by the Federal Administrative Court and that the latter noted in particular
his extremely limited political involvement in Switzerland. The State party also submits
that, in view of their limited resources, the Ethiopian authorities are focusing all their
attention on individuals whose activities go beyond “the usual behaviour”, or who exercise
a particular function or activity that could pose a threat to the Ethiopian regime. However,
the complainant presented no political profile when he arrived in Switzerland and the State
party deems it reasonable to exclude that he has subsequently developed such a profile. The
State party maintains that the documents produced by the complainant do not show activity
in Switzerland able to attract the attention of the Ethiopian authorities. The fact that the
complainant is identified in photographs of participants in certain demonstrations and has
published texts on the Internet is not sufficient to demonstrate a risk of persecution if
returned. The State party maintains that numerous political demonstrations take place in
Switzerland, that photographs or video recordings showing sometimes hundreds of people
are made publicly available by the relevant media and that it is unlikely that the Ethiopian
authorities are able to identify each person, or that they even have knowledge of the
affiliation of the complainant with the above organization.
4.9
The State party submits that there is no evidence that the Ethiopian authorities have
opened criminal proceedings against the complainant or that they have adopted other
measures towards him. Accordingly, the State party’s immigration authorities did not
qualify as convincing the claim that the complainant has a function within the Ethiopian
diaspora in Switzerland able to attract the attention of the Ethiopian authorities. In other
words, the complainant has not established that if returned to Ethiopia he would run a risk
of ill-treatment because of his political activities in Switzerland.
4.10 The State party submits that, in the light of the above, there is no indication that
there are substantial grounds for fearing that the complainant’s return to Ethiopia would
9
It appears from the annexes to the State party’s submission that the complainant gave different
versions of his political involvement as well as of why he was being sought and by whom (members
of a political party or the police).
6