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