CAT/C/62/D/688/2015
Furthermore, the purported testimonies by members of Ginbot 7 in the United States of
America about the complainant’s political activities seem irrelevant — other than those
concerning his participation in the radio broadcast — as the letters appear to be simply
copies, without signatures, and contain imprecise and even false information concerning the
complainant’s activities in Ethiopia. There is therefore no reason to believe that, upon his
return, the complainant would risk being subjected to torture as a result of his political
activities in Switzerland.
4.7
The State party also recalls that numerous political demonstrations take place in
Switzerland, that photographs or video recordings, sometimes showing hundreds of people,
are made publicly available by the relevant media and that it is unlikely that the Ethiopian
authorities are able to identify each person, or that they even know anything about the
complainant’s alleged affiliation with the opposition organization.
4.8
The State party also considers that the complainant’s allegations concerning his
travel to Switzerland are not credible. The complainant stated that he did not know which
airline he had taken from Khartoum to Madrid and that his travel by train from Madrid to
Paris had lasted about an hour. The State party considers that these statements are not
credible, especially since the complainant claims to have worked for the secret service for
several years.
4.9
Finally, the State party submits that at the asylum interviews the complainant
seemed to be mentally alert and composed and to know what he was saying. Considering
the protocols for asylum hearings, the State party considers it unlikely that he would not
have given all the explanations he intended to provide. If any of the complainant’s
statements lacked detail, it was mainly because he was brief and vague in his statements.
The State party concludes that his statements do not provide any basis for believing that he
actually experienced the events he described, although he was provided with the
opportunity to give a full account of the facts and evidence. It is also noted that during the
hearings, the complainant confirmed that he understood the interpreter perfectly and
confirmed the accuracy of the records after they had been translated for him into Amharic.
4.10 In view of the foregoing, the State party considers that there is no ground for
concluding that the return of the complainant would be unreasonable. Thus, the State party
invites the Committee to find that the return of the complainant to Ethiopia would not
constitute a breach of article 3 of the Convention.
Complainant’s additional submission and comments on the State party’s observations
5.1
On 14 September 2016, the complainant submitted further evidence relating to his
continued political activities in Switzerland as a blogger and poet since 2015. In this
connection, he enclosed three articles which were published on websites of the Ethiopian
news media outlets Zehabesha and Ethioforum. The articles are critical of the Ethiopian
Government. In one article, the complainant commented that journalists in Ethiopia must
take action against the oppressive regime as a journalist in Kazakhstan did; in another, he
advised Ethiopians how to win their struggle against the Government.
5.2
The complainant also submitted two video clips in which he appeared on Ethiopian
Satellite Television, ESAT. One clip, broadcast on 26 March 2016, shows the complainant
presenting a poem during a gathering organized by opposition groups in Geneva where
Aregawi Berhe, a prominent Ethiopian political figure in exile, was also present. The other
clip is a one-hour interview of the complainant on ESAT. It is submitted that during the
interview, the complainant criticized the Ethiopian regime for its failure to adopt and
implement appropriate policies, especially in relation to the ongoing famine in the country.
The complainant submits that he also said during the interview that he would continue his
political activities until Ethiopians could freely exercise their rights. Referring to his online
publications and appearance in the media, he also asserts that he has become a prominent
political blogger and poet who has accused the Government of committing human rights
violations and of being oppressive. He asserts that as a former agent of the secret service
and currently as a high-profile political opponent in exile, he must have been noticed by the
Government and is therefore at real risk of torture upon return to Ethiopia.
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