CAT/C/49/D/406/2009
requesting interim measures of protection under former rule 108, paragraph 1, of the
Committee‟s rules of procedure.2 Further to the complainant‟s repeated request of 21 April
2011 to suspend her deportation to Ethiopia, the Rapporteur on new complaints and interim
measures again decided not to issue a request for interim measures of protection.
The facts as presented by the complainant
2.1
The complainant was born in a refugee camp in Kassala, Sudan. As a teenager she
returned to Gondar and Dire-Daws, Ethiopia, with her mother. She submits that in Ethiopia,
being a Christian she was harassed by persons of Islamic faith. In 2001, she left for Kenya.
One year later, she flew from Nairobi to Zurich, where she applied for asylum on 7 March
2002.
2.2
On 7 October 2002, the Federal Office for Refugees, later replaced by the Federal
Office for Migration, rejected the complainant‟s asylum request and ordered her to leave
Switzerland. The Swiss Asylum Appeals Commission, replaced by the Federal
Administrative Court as of 1 January 2007, did not consider her appeal for formal reasons
(see also para. 4.1 below).
2.3
On 22 December 2006, the complainant submitted a second asylum request, this
time on the basis of her political activities in Switzerland. She states that she is a founding
member of the support group for the Coalition for Unity and Democracy (CUD; outside of
Ethiopia often referred to as KINIJIT or CUPD) in Switzerland, which aims to strengthen
the rule of law in Ethiopia by changing the regime. She is allegedly one of the most
prominent members in Switzerland and she has taken an active part in dozens of
demonstrations and public events, often figuring as a speaker. The complainant is a
spokesperson for the cantonal section of the group in Basel. In April of 2006, she
participated in the founding meeting of KINIJIT at the University of Geneva and took
active part in discussions and attended subsequent KINIJIT events, often being
accompanied by prominent opposition leaders.
2.4
The Federal Office for Migration interviewed the complainant on 29 March 2007
and rejected her second asylum request on 22 June 2007. Her appeal against this decision
was rejected by the Federal Administrative Court on 23 October 2009. Following the latter
judgement, the complainant was requested to leave Switzerland by 25 November 2009. The
complainant submits that if she fails to leave voluntarily, she will be forcibly returned to
Ethiopia.
2.5
The complainant submits that the Federal Administrative Court has acknowledged
that she was a founding member of the KINIJIT movement and that she participated in
various demonstrations and other political activities. It, however, pointed out that according
to the Court‟s jurisprudence, political activities in exile would only lead to the recognition
of a refugee status if political persecution in the country of origin was a highly probable
result. While accepting the complainant‟s claim that members of the Ethiopian opposition
in exile were closely monitored by the Ethiopian authorities, the Federal Administrative
Court concluded that there were no indications that the complainant might have attracted
their attention due to her political activities. In addition, it found that the complainant
neither held a prominent position within the Swiss KINIJIT organization that was part of
the international KINIJIT movement, nor was she one of its five executive leaders. The
Federal Administrative Court established that her main task was to disseminate
information. It also stated that the complainant‟s identity had not been established, as she
2
Rule 114, paragraph 1, of the current rules of procedure (CAT/C/3/Rev.5).
3