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refugees and that, for practical purposes, he was forced by the Turkish police to cross the border to
Greece, on an unspecified date.
2.7 Upon his arrival in Greece, the author was informed by the Office of the United Nations High
Commissioner for Refugees (UNHCR) that, before registering with UNHCR as a refugee, he must first
register with the Greek police. When he attempted to register with the police, he was told that he had
first to obtain from the International Catholic Migration Commission (ICMC) a document certifying his
country of origin. However, since 1991 the ICMC had ceased to issue such documents. Without this
document, the Greek Ministry of Public Order, in a decision dated 27 October 1992, refused to register
him, as did the Greek Council for Refugees and UNHCR. The author claims that he was requested,
when entering Greece, to indicate a third country to which he would not raise any objections to being
deported and that he then mentioned Canada. His request for asylum in Greece was later rejected
"because, after a two-year illegal stay in Greece, his application is made to facilitate his transfer to
Canada".
The complaint
3.1 The author claims that his return to Ethiopia would constitute a violation by Greece of article 3 of
the Convention against Torture. The author fears that, although he is not currently under an expulsion
order, he is at risk of being deported at any time in view of the fact that he has no asylum, residence or
work permit.
3.2 In support of his argument that he fears torture upon return to Ethiopia, the author refers to an
Amnesty International report of April 1995 regarding the human rights situation in Ethiopia and, in
particular, to the case of a certain Hussein, from Dire Dawa, who was accused of being an OLF
collaborator in 1993, held in detention and allegedly subjected to torture. He also refers to the case of a
Mr. Temteme Addisalem Mengistu, who returned to Ethiopia from Greece after obtaining assurances
from the Greek Council for Refugees that his safety was guaranteed, and who was immediately arrested
upon arrival, in October 1994.
State party's observations
4. On 28 February 1996, the Committee, through its Special Rapporteur, transmitted the communication
to the State party for comments on admissibility.
5.1 By its submission of 19 April 1996, the State party challenges the admissibility of the complaint. It
notes that, in its view, there are no grounds for a complaint under article 3 of the Convention against
Torture, given that the author has not been expelled from Greece, nor has an order for his expulsion been
issued. It further points out that it is of the view that the author has not substantiated that he is in any
danger of being tortured should he return to Ethiopia.
5.2 As regards domestic procedures, the State party acknowledges that the author's application for
asylum was dismissed on 27 October 1992 as "manifestly abusive" by the Minister of Public Order, on
the basis that his claim could not be founded on the 1951 Convention relating to the Status of Refugees,4
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (99 of 109)16/10/2006 9:54:12 AM
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