CCPR/C/132/D/2651/2015 Advance unedited version
were also forced to flee the country at some point (para. 2.1). The author further claims that
before her mother fled the country she was interrogated several times (para. 5.5) after her
escape concerning her and her siblings’ whereabouts, and that their home was searched
several times (para. 4.7). The author claims that she actively participated in the OLF activities
in Sudan. The author claims, as an additional element,, a risk due to her son being born out
of wedlock, since such children are considered cursed and can be killed (para.7.2).
10.5
The Committee reiterates that it is the organs of the State, which are best placed
to make findings of facts based on the evidence and testimony before them, unless such
findings are arbitrary or amount to a manifest error or denial of justice. In this connection,
the Committee finds that the author provided sufficient explanations and substantiation where
possible to demonstrate that she and her son would face risks of death and torture, by
providing sufficient details that she had to flee Ethiopia three weeks after the torture and
death of her father, a leader of the OLF, that not only she, but her siblings and her mother
faced threats and had to flee as well. These factors, taken each separately, and cumulatively,
required an in-depth examination in order to determine whether the author faced a real and
personal risk of treatment contrary to the Covenant.
10.6
In the absence of an assessment, which takes into consideration the
consequences of the author’s activities, the activities of her late father, the treatment that her
siblings and mother received, the situation and the potential treatment that her son might face,
if returned, the Committee considers that the State party has failed to demonstrate that the
administrative and/or judicial authorities have conducted an individualized assessment of the
author’s case sufficient to determine whether there are substantial grounds for believing that
there is a real risk of irreparable harm, as contemplated by articles 6 and 7 of the Covenant,
if the author and her son are removed to Ethiopia.
11.
The Committee, acting under article 5(4) of the Optional Protocol to the
International Covenant on Civil and Political Rights, is of the view that the author’s and her
son’s removal to Ethiopia, if implemented in the absence of a procedure which guarantees a
proper assessment of the real and personal risk that she and her son might face if deported,
would violate the rights of the author and her son under articles 6 and 7 of the Covenant.
12.
In accordance with article 2(1) of the Covenant, which establishes that States
parties undertake to respect and to ensure to all individuals within their territory and subject
to their jurisdiction the rights recognized in the Covenant, the State party is under an
obligation to proceed to a review of the author’s case taking into account the State party’s
obligations under the Covenant and the Committee’s present Views. The State party is also
requested to refrain from expelling the author until her request for asylum is properly
considered.
13.
Bearing in mind that, by becoming a party to the Optional Protocol, the State
party has recognized the competence of the Committee to determine whether there has been
a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable remedy in case
a violation has been established, the Committee wishes to receive from the State party, within
180 days, information about the measures taken to give effect to the Committee’s Views. The
State party is also requested to publish the present Views and disseminate them widely in the
official languages of the State party.
10