CAT/C/48/D/393/2009
ascertained that the individual has exhausted all available domestic remedies. The
Committee notes that, in the instant case, the State party has recognized that the
complainant has exhausted all available domestic remedies. As the Committee finds no
further obstacles to the admissibility, it declares the communication admissible.
Consideration of the merits
7.1
In accordance with article 22, paragraph 4, of the Convention, the Committee has
considered the present communication in the light of all information made available to it by
the parties concerned.
7.2
The issue before the Committee is whether the removal of the complainant to
Ethiopia would violate the State party's obligation under article 3 of the Convention not to
expel or to return (refouler) a person to another State where there are substantial grounds
for believing that he or she would be in danger of being subjected to torture. The
Committee must evaluate whether there are substantial grounds for believing that the
complainant would be personally in danger of being subjected to torture upon return to
Ethiopia. In assessing this risk, the Committee must take into account all relevant
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 (1996)7 on the implementation of
article 3 of the Convention, according to which “the risk of torture must be assessed on
grounds that go beyond mere theory or suspicion. However, the risk does not have to meet
the test of being highly probable” (para. 6), but it must be personal and present. In this
regard, in previous decisions, the Committee has determined that the risk of torture must be
foreseeable, real and personal.8 The Committee recalls that under the terms of its general
comment No. 1, it gives considerable weight to findings of fact that are made by organs of
the State party concerned, while at the same time it is not bound by such findings and
instead has the power, provided for in article 22, paragraph 4, of the Convention, of free
assessment of the facts, based on the full set of circumstances in every case.
7.4
The Committee has noted the complainant's submissions about her involvement in
the activities of KINIJIT/CUDP Switzerland and in the Association des Ethiopiens de
Suisse. It also notes her claim that she helped to organize meetings of a well-known
Ethiopian opposition politician during her visit to Switzerland, and that she has been visible
on the Internet, during demonstrations and on a local radio station. 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-terrorist or any other domestic law. The Committee further notes the
complainant’s submission 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 tangible evidence to demonstrate that the authorities in her home
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8
See HRI/GEN/Rev.9
See, inter alia, communications No. 258/2004, Dadar v. Canada, decision adopted on 23 November
2005, and Nos. 226/2003, T.A. v. Sweden, decision adopted on 6 May 2005.
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