CAT/C/49/D/406/2009 4.4 Regarding the general human rights situation in Ethiopia, the State party submits that the elections in Ethiopia in May 2005 and August 2005 have strengthened the representation of opposition parties in the Parliament. It recognizes that, although the Ethiopian Constitution explicitly recognizes human rights, there are many instances of arbitrary arrests and detentions, particularly of members of opposition parties. In addition, there is a lack of an independent judiciary. However, being a member or supporter of an opposition political party does not, in principle, lead to a risk of persecution. It is different for persons who hold a prominent position in an opposition political party. 8 In the light of the above information, the competent Swiss asylum authorities have adopted differentiated practices to determine the risk of persecution. Individuals who are suspected by the Ethiopian authorities to be members of the Oromo Liberation Front or the Ogaden National Liberation Front are considered at risk of persecution. With regard to persons belonging to other opposition groups, such as CUD, the risk of persecution is assessed on case-by-case basis, in accordance with the above criteria. With regard to monitoring political activities in exile, the State party submits that according to the information available to it, the Ethiopian diplomatic or consular missions lack the personnel and structural resources to systematically monitor the political activities of opposition members in Switzerland. However, active and/or important members of the opposition, as well as activists of organizations who are campaigning for the use of violence, run the risk of being identified and registered and, therefore, of being persecuted if returned. 4.5 The State party notes that the complainant does not claim to have suffered torture or to have been arrested or detained by Ethiopian authorities and submits that it is, therefore, not surprising that her second asylum request of 22 December 2006 was based exclusively on her political activities in Switzerland. It further argues, with reference to the Committee‟s general comment No. 1 (para. 8 (e)), that another element to be taken into account when assessing the complainant‟s risk of being subjected to torture if returned to her country of origin is whether she has engaged in political activities in Ethiopia. The State party notes in this regard that the complainant does not claim to have been politically active in her home country. 4.6 As to the complainant‟s political activities in Switzerland, the State party notes that she made her respective claims before the asylum authorities approximately three years after submitting the first asylum request and two years after the end of the first asylum procedure. Furthermore, the complainant appeared under multiple identities and nationalities from the beginning of the first asylum procedure and her true identity has not been established to this day. 4.7 The State party notes that the complainant claims to have been one of the most active KINIJIT members from the moment the organization was established. She refers, inter alia, to her speech at the founding meeting of KINIJIT, her participation in several demonstrations and her presence at the time of filing a petition with the United Nations at Geneva. The State party maintains that numerous political demonstrations attended by the complainant‟s compatriots take place in Switzerland, that photographs or video recordings showing sometimes hundreds of people are made publicly available by the relevant media and that it is unlikely that the Ethiopian authorities are able to identify each person, or that they even have knowledge of the affiliation of the complainant with the above organization. 4.8 The State party submits that the complainant‟s claims were the subject of an extensive analysis by the Federal Administrative Court and that the latter noted in particular that she did not claim to be a member of the steering committee of KINIJIT Switzerland, 8 6 The State party refers to the operational guidance note on Ethiopia published by the Home Office of the United Kingdom of Great Britain and Northern Ireland in March 2009, para. 3.7.9.

Select target paragraph3