CAT/C/35/D/238/2003
Page 10
applied unsuccessfully for legal aid, the initial reasons for inadmissibility no longer
applied.
8.4
On 14 November 2003, the Committee declared the case admissible, since the
reasons for inadmissibility referred to in its previous decision of 19 November
1999 on the initial complaint No. 127/1999 were no longer applicable and no
other grounds for inadmissibility had been advanced. The Committee
accordingly invited the State party to supply its submissions on the merits of the
renewed complaint.
The State party’s submissions on the merits of the renewed complaint
9.1 On 23 July 2004, the State party submitted that it considered its submissions on
the merits of the renewed complaint to address the same matter as dealt with under
complaint No. 127/1999, and invoked as relevant its submissions on the merits
regarding the initial complaint The State party maintained that it observes relevant
international standards both in its legal practices and in its administrative proceedings.
On 1 January 2001, the State party established a quasi-judicial organ independent of
the political authorities, known as Immigration Appeals Board and mandated to
handle appeals against all decisions taken by the Directorate of Immigration,
including asylum cases. It submitted that the Appeals Board maintained a large
number of highly qualified employees, among them a country expert for Ethiopia who
undertook a visit to Ethiopia as late as in February 2004, and co-operated closely with
the special immigration officer in the Norwegian Embassy in Nairobi.
9.2
Since the State party’s submission of 31 March 1999, the Immigration
Appeals Board had, on its own initiative, undertaken another examination of the case
before the Committee and, on 12 March 2004, upheld the decision to reject the
complainant’s asylum application. The Board’s conclusion was based on its findings
that there are no substantial grounds for believing that the complainant, upon return to
Ethiopia, would be personally in danger of being subjected to torture or other forms of
ill-treatment. The State party accordingly submitted that returning the complainant to
Ethiopia would not constitute a violation of article 3 of the Convention.
9.3
Among the factors contributing to a personal risk of the complainant to be
subjected to torture upon return to Ethiopia was the complainant’s degree of
involvement in political activities in the early 1990s in Ethiopia. The State party
submitted that the information provided by the complainant in that regard lacked
credibility, as it contained numerous contradictions and as his explanations changed
throughout the history of this case. According to the information provided by the
complainant in his asylum interview on 19 and 20 October 1996, he had been arrested
on 20 February either in 1992 or 1993 (Gregorian calendar) and had been imprisoned
for one year and seven months, after which he claimed to have fled directly to
Norway. However, he did not arrive in Norway until October 1996; the State party
concluded that his safe and voluntary stay in Ethiopia for another two years after his
imprisonment was incompatible with his alleged fear of persecution.
9.4
The State party further submitted that an inquiry conducted by the Norwegian
Embassy in Ethiopia with former leader of the SEPDC coalition, revealed that the
latter had not heard of the complainant himself nor of two of the three SPPO leaders
who the complainant claimed to have worked for. Upon learning of the former
leader’s statements, the complainant changed his statements and confirmed that it was
in fact the SEPDC coalition he had been a member of and had assisted, and that the