CAT/C/53/D/520/2012
security police’s continued interest in her whereabouts; and the enforced disappearance of
her husband.
8.6
The Committee notes that the complainant has not submitted any objective evidence
whatsoever to substantiate that she would be at risk of being subjected to torture by the
authorities if returned to Ethiopia. The Committee notes, in particular, the complainant’s
statement that all her life she has been a person with no political affiliations. It further takes
note of the State party’s observation that the complainant has made no attempt whatsoever
to explain before the domestic authorities the contradictions in her claims as to her alleged
arrest and detention in Ethiopia in 2005 and 2006, the Ethiopian authorities’ alleged
continued interest in her whereabouts and activities, and in her husband’s arrest and his
current situation and whereabouts. Those contradictions were not clarified by the
complainant in her communication to the Committee either. The Committee notes that the
complainant had ample opportunity to substantiate and clarify her claims at the domestic
level before the RPD and within the PRRA procedure, and in the context of the present
communication. Nor has the complainant provided the Committee with any objective
documentary evidence, such as a copy of her summons or a detention warrant, in support of
her account of events and claims.
8.7
Furthermore, the Committee recalls that the occurrence of human rights violations in
his/her country of origin is not sufficient, in itself, for it to be concluded that a complainant,
personally, runs a risk of torture. The Committee notes that the complainant does not claim
that she has ever been personally subjected to torture or any kind of ill-treatment or
punishment in Ethiopia prior to her departure to Canada, with the exception of her claim
concerning her husband’s alleged enforced disappearance. In addition, it also notes that she
has not submitted any information or arguments to substantiate that she, personally, would
be at risk of torture if she returned to Ethiopia.26
9.
In the circumstances, and in the absence of any other pertinent information on file,
the Committee finds that the complainant has failed to provide sufficient evidence to
indicate that, in the event of her forcible return to her country of origin, she would face a
foreseeable, real and personal risk of being tortured.
10.
Accordingly, the Committee against Torture, acting under article 22, paragraph 7, of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, concludes that the complainant’s return to Ethiopia would not constitute a
breach of article 3 of the Convention by the State party.
26
See for example communication No. 243/2004, S.A. v. Sweden, decision of inadmissibility of 6 May
2004, para. 4.2.
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