CAT/C/49/D/432/2010
substantiated by the complainant before the Swiss asylum authorities during her first asylum
procedure and that it was not invoked by her in the second asylum request. The Committee
also notes that the State questions the authenticity of the document confirming her detention
that was allegedly issued by the Addis Ababa City Administration Police Commission. The
Committee also takes note of the information furnished by the complainant on these points. It
observes in this regard that she has not submitted any evidence supporting her claims of
having been severely ill-treated by the Ethiopian military prior to her arrival in Switzerland or
suggesting that the police or other authorities in Ethiopia have been looking for her since. The
complainant has also not claimed either before the Swiss asylum authorities or in her
complaint to the Committee that any charges have been brought against her under the antiterrorism law or any other domestic law.
7.5
The Committee further notes the complainant’s submissions about her involvement in
the activities of KSOS and AES. It notes, in particular, that she claims to be one of the most
active members of the Ethiopian dissident movement in Switzerland, regularly publishing
critical articles against the Ethiopian authorities on the Internet and contributing to the
opposition blogs. It also notes that the State party questions the complainant’s authorship of
the articles and blog entries in question. The Committee further notes the complainant’s claim
that the Ethiopian authorities use sophisticated technological means to monitor Ethiopian
dissidents abroad, but observes that she has not elaborated on this claim or presented any
evidence to support it. In the Committee’s view, the complainant has failed to adduce
sufficient evidence about the conduct of any political activity of such significance that would
attract the interest of the Ethiopian authorities, nor has she submitted any other evidence to
demonstrate that the authorities in her home country are looking for her or that she would face
a personal risk of being tortured if returned to Ethiopia.
7.6
The Committee concludes accordingly that the information submitted by the
complainant, including the unclear nature of her political activities in Ethiopia prior to her
departure from that country and the low-level nature of her political activities Switzerland,
is insufficient to show that she would personally be exposed to a risk of being subjected to
torture if returned to Ethiopia. The Committee is concerned at the many reports of human
rights violations, including the use of torture in Ethiopia,28 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. In the light of
the foregoing, the Committee deems that such a risk has not been established.
8.
In the light of the above, 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 decision of the State party to return the
complainant to Ethiopia would not constitute a violation of article 3 of the Convention.
[Adopted in English, French and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s
annual report to the General Assembly.]
28
12
The Committee notes that Ethiopia is also a State party to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, and recalls its 2011 concluding observations
(CAT/C/ETH/CO/1), paras. 10-14.