CAT/C/49/D/406/2009
considerations, pursuant to article 3, paragraph 2, of the Convention, including the
existence of a consistent pattern of gross, flagrant or mass violations of human rights.
However, the Committee recalls that the aim of such determination is to establish whether
the individual concerned would be personally at a foreseeable and real risk of being
subjected to torture in the country to which he or she would return.
7.3
The Committee recalls its general comment No. 1, according to which the risk of
torture must be assessed on grounds that go beyond mere theory or suspicion. While the
risk does not have to meet the test of being “highly probable” (para. 6), the Committee
notes that the burden of proof generally falls on the complainant, who must present an
arguable case that he or she faces a “foreseeable, real and personal” risk. 14 The Committee
further recalls that in accordance with its general comment No. 1, it gives considerable
weight to findings of fact that are made by organs of the State party concerned,15 while at
the same time it is not bound by such findings and instead has the power, provided by
article 22, paragraph 4, of the Convention, of free assessment of the facts based upon the
full set of circumstances in every case.
7.4
The Committee notes that the State party has drawn its attention to the fact that the
complainant appeared under multiple identities and nationalities from the beginning of the
first asylum procedure and that her true identity has not been established to this day. The
Committee also takes note of the information furnished by the complainant on this point. It
considers, however, that the inconsistences in the complainant‟s account do not constitute
an obstacle for the Committee‟s assessment of the risk of torture in case of her deportation
to Ethiopia.
7.5
The Committee has noted the complainant‟s submissions about her involvement in
the activities of KINIJIT in Switzerland. It also notes that she claims to be one of the most
active KINIJIT members and that she has been from the moment this organization was
established, and that she, inter alia, gave a speech at the founding meeting of KINIJIT,
participated in several demonstrations and was present at the time of filing a petition with
the United Nations at Geneva. The Committee further notes that the complainant has not
claimed to have been arrested or ill-treated by the Ethiopian authorities, nor has she claimed
that any charges have been brought against her under the anti-terrorism law or any other
domestic law. 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. The Committee also notes that the State party has disputed this claim, as well as the
complainant‟s reference to the inconsistencies in the jurisprudence of the Federal
Administrative Court in relation to the evaluation of the risk faced by the nationals of
Ethiopia in case of their return to the country of origin (see paras. 2.6 and 4.11 above). 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 tangible 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 finds accordingly that the information submitted by the
complainant, including the absence of any political activities in Ethiopia prior to her
departure from the country and the low-level nature of her political activities Switzerland,
14
15
See, inter alia, communications No. 203/2002, A.R. v. Netherlands, decision adopted on 14 November
2003; and No. 258/2004, Dadar v. Canada, decision adopted on 23 November 2005.
See, inter alia, communication No. 356/2008, N.S. v. Switzerland, decision adopted on 6 May 2010,
para. 7.3.
9