CAT/C/51/D/426/2010 9.6 The Committee recalls its concluding observations of 2010, issued in connection with the initial report of Ethiopia, in which it states that it was “deeply concerned” about “numerous, ongoing and consistent allegations concerning the routine use of torture” by government agents against political dissidents and opposition party members, students, alleged terrorists and alleged supporters of violent separatist groups such as the OLF (CAT/C/ETH/CO/1, para. 10).13 The Committee further takes note of the complainant’s assertions regarding the attempts by the Government of Ethiopia to identify political dissidents living abroad. The Committee notes that the State party, while expressing disagreement regarding the extent of this surveillance, acknowledges that active expatriate dissidents risk persecution upon their return to Ethiopia. The Committee does not have information that this situation has improved following the change in leadership that occurred upon the death of Ethiopian Prime Minister Meles Zenawi in August 2012. 9.7 Nevertheless, in the Committee’s view, the complainant has failed to substantiate her claims in relation to her political or other circumstances, in particular as regards whether they would be of such significance to attract the interest of the Ethiopian authorities at the current time, nor has she submitted any other credible evidence to demonstrate that she is at a personal risk of being tortured or otherwise subjected to illtreatment if returned to Ethiopia. The Committee considers that the complainant’s OLF activities in Switzerland do not appear to be markedly political in nature (fundraising, organization of and participation in cultural events, teaching the Oromo language), and the complainant has fallen short of substantiating her claims that she participated in highprofile ideological and political activities that would logically attract such attention of the Ethiopian authorities that would render her vulnerable to coercive and torturous treatment. The Committee further observes that the complainant has not submitted any evidence supporting her claims of having been harassed by the Ethiopian authorities prior to her arrival in Switzerland or establishing that the police or other authorities in Ethiopia have been looking for her since.14 Nor has the complainant claimed, either before the Swiss asylum authorities or in her complaint to the Committee, that any charges have been brought against her under any domestic laws.15 The Committee is concerned at the many reports of human rights violations, including the use of torture in Ethiopia,16 but recalls that for the purposes of article 3 of the Convention the individual concerned must face a foreseeable, real and personal risk of being tortured in the country to which he or she is returned.17 In the light of the foregoing, the Committee finds that the information submitted by the complainant, including the low-level nature of her political activities in Switzerland, coupled with the nature and extent of inconsistencies in her accounts, is insufficient to establish her claim that she would personally be exposed to a substantial risk of being subjected to torture if returned to Ethiopia at the present time. 10. In the light of the above, the Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading 13 14 15 16 17 The Committee reported that such acts frequently occurred with the participation of, at the instigation of, or with the consent of commanding officers in police stations, detention centres, federal prisons, military bases, and unofficial or secret places of detention (CAT/C/ETH/CO/1, para. 10). See H.K. v. Switzerland, communication No. 432/2010, decision adopted on 23 November 2012, para. 7.6; T.D. v. Switzerland, para. 7.9. H.K. v. Switzerland, para. 7.4, and T.D. v. Switzerland, para. 7.9. The Committee notes that Ethiopia is also a State party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. See, inter alia, S.M. v. Switzerland, communication No. 406/2009, decision adopted on 23 November 2012, para. 7.4; H.K. v. Switzerland, para. 7.4; T.D. v. Switzerland, para. 7.9. 9

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