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.