CAT/C/53/D/520/2012
presumably took place in 2010, since that is when the letters were first presented to the
State party’s authorities. However, no information is provided in the communication
concerning the husband’s current status or attempts by any family or friends in Ethiopia to
ascertain whether or not he is still detained in a known or unknown location. Considering
that, according to the complainant, her husband had been detained and released on a
number of previous other occasions, the State party submits that some attempt should have
been made to provide current information to the Committee. The State party maintains that
the allegation that the complainant’s husband was detained in 2010, for which no probative
evidence was submitted, in no way supports her claim that she will be detained, and
tortured and killed if she is returned to Ethiopia.
4.17 As to the complainant’s argument that her status as an ethnic Oromo is one of the
reasons why she would allegedly be targeted by the Ethiopian authorities, the State party
notes that at the domestic level she stated that she had not been targeted because of her
ethnicity in the past. The State party submits that, in those circumstances, the complainant’s
Oromo ethnicity would not, in itself, put her at foreseeable, real and personal risk of torture.
The State party takes note of several reports on the human rights situation in Ethiopia,
including the Committee’s recent concluding observations on the human rights situation in
Ethiopia.15 Nevertheless, although the human rights situation in Ethiopia is problematic, the
State party submits that it is insufficient in itself to lend credence to the complainant’s
allegations.16
4.18 In light of the above, the State party submits that the complainant in the present
communication has failed to establish that she faces a foreseeable, real and personal risk of
torture if returned to Ethiopia. Consequently, the present communication is manifestly illfounded and inadmissible.
4.19 In the alternative, if the communication is declared admissible, the State party
requests that the Committee conclude, on the basis of the information provided, that the
prsent communication is without merit. The complainant has failed to establish that she
faces a foreseeable, real and personal risk of being subjected to torture if she were returned
to Ethiopia.
The complainant’s comments on the State party’s observations on admissibility
and merits
5.1
In reply to the State party’s observations, on 30 April 2013 the complainant
submitted that none of the remedies mentioned by the State party, which she supposedly
had to exhaust, constitute an effective remedy. In this connection, she notes that in 2011 she
tried to file for a judicial review to appeal the negative decision of the RPD dated 24
January 2011; however it was dismissed by the Federal Court on 1 June 2011without even a
hearing. She further notes that 80 to 85 per cent of the “immigration appeals (judicial
reviews)” to the Federal Court are not granted leave and that that demonstrates the
ineffectiveness of the remedy. She also notes that the State party acknowledged in its
15
16
CAT/C/ETH/CO/1.
The State party makes reference to the Committee’s decision in its communication No. 393/2009,
E.T. v. Switzerland (see footnote 11), para. 7.5., where the Committee stated that it “is concerned at
the many reports of human rights violations, including the use of torture in Ethiopia, but recalls that
for the purposes of article 3 of the Convention, the individual concerned must face a foreseeable, real
and personal risk of being tortured in the country to which he or she is returned.” Since the
complainant in that case had not established a foreseeable, real and personal risk of being tortured, the
Committee concluded that it would not be a violation of article 3 of the Convention to return her to
Ethiopia. The same concerns were raised and the same conclusion was also reached in
communication No. 414/2010, N.T.W. v. Switzerland (see footnote 11), para. 7.5.
9