CAT/C/23/D/121/1998
page 5
reports, however, did not refer to torture of AAPO members held in secret detention centres.
That such detention centres exist is reflected in reports of NGOs, in particular Amnesty
International.
2.13 The Ministry also states that the available information does not indicate the use of torture
except against persons connected to rebel groups and that detention of persons connected to the
more peaceful opposition groups like AAPO is infrequent and does not involve a risk of torture.
The author disagrees and provides a copy of a 1995 Amnesty International report according to
which hundreds of AAPO supporters were arrested in 1994 and early 1995. He also provides a
copy of an article published in the Ethiopian Register magazine in which co-defendants in the
trial against the AAPO president accused of participating in an armed uprising described the
torture to which they had been subjected after their arrest in 1994, including in the Debre Berhan
region. According to the author, their stories are consistent with his own allegations.
2.14 The Ministry states that AAPO has denied having an underground organization. The
author replies that very seldom does such an organization publicize its secret work.
2.15 Finally, the author complains about the police interrogation report, which did not fully
reflect the information he had provided, in particular with respect to the kind of torture to which
he had been subjected.
The complaint
3.
The author claims that in view of the fact that he was tortured, as a result of which he is
undergoing medical treatment, and that there is a pattern of grave violations of human rights in
Ethiopia, it is very likely that he will be tortured again if he is returned to that country.
State party’s observations on the admissibility of the communication
4.1
In a submission dated 19 January 1999 the State party objects to the admissibility of the
communication as domestic remedies had not been exhausted and asks the Committee to
withdraw its request under rule 108 (9) of its rules of procedure. It contends that, when making
decisions under the 1988 Immigration Act, the immigration authorities take into consideration
Norway’s international obligations,2 including those enshrined in the Convention. Furthermore,
article 15 of the Act stipulates that a foreigner must not be sent to an area where he may fear
persecution of such kind that would justify recognition as a refugee, or where he/she will be at
risk of being sent on to such an area. Corresponding protection shall apply to any foreign
national who, for reasons similar to those given in the definition of a refugee, is in considerable
danger of losing his life or of being made to suffer inhuman treatment. According to the State
party, article 15 of the Immigration Act corresponds to article 3 of the Convention. Although the
Act does not refer explicitly to the Convention the latter is applied by the immigration authorities
and will be applied by the courts if invoked.
4.2
Asylum-seekers who find their applications for asylum turned down by the
administration have the possibility of presenting an application before the courts for judicial
review. In accordance with chapter 15 of the 1992 Enforcement of Judgements Act, a concerned
party may apply to the courts for an injunction, either when a case has already been brought or in