CAT/C/71/D/865/2018
Ethiopian Orthodox Tewahedo Church in Switzerland, in Zurich, and became a volunteer
priest. In addition to his religious activities, the complainant has been a member of the
Ethiopian People’s Patriotic Front since 1 August 2011. In this capacity, the complainant has
been involved in recruiting members, formulating slogans and encouraging others to
participate in demonstrations organized by the Ethiopian People’s Patriotic Front against the
Ethiopian regime. In 2015 and 2016, the complainant participated in several protests in
Switzerland. On 18 June 2017, he attended a conference organized by the Ethiopian Human
Rights and Democracy Task Force in Switzerland and the movement known as Ginbot 7.2
He has been photographed with Berhanu Nega, one of the founders of Ginbot 7.
2.2
On 4 March 2010, the complainant applied for asylum in Switzerland. On 31 May
2010, the Federal Office for Migration rejected his application. The complainant appealed
against this decision. On 3 December 2010, the Federal Administrative Court confirmed the
decision of the Federal Office. On 27 July 2011, the complainant filed an application for reexamination in respect of the Federal Office’s decision of 31 May 2010. On 29 August 2011,
the Court rejected the complainant’s application on the grounds that it lacked consistency
and was unsubstantiated.
2.3
On 25 November 2011, the complainant filed a second application for asylum with
the Federal Office for Migration, which rejected the application on 7 March 2014. This
decision was upheld by the Federal Administrative Court on 26 March 2014.
2.4
On 29 April 2015, the complainant filed a third application for asylum. On 25 June
2015, the State Secretariat for Migration, which had succeeded the Federal Office for
Migration on 1 January 2015, rejected this new application on the grounds that it did not
consider that the complainant’s activities put him at risk as he claimed and that he was not
considered a real threat to the Ethiopian regime. The State Secretariat for Migration
furthermore considered that the demonstrations in which the complainant had taken part were
mainly aimed at the European Union and the United Nations, not the Ethiopian authorities.
The Office also stated that the complainant’s position as a priest did not constitute a political
profile implying a dissident attitude towards the Ethiopian authorities.
2.5
On 6 July 2017, the Federal Administrative Court confirmed the decision of the State
Secretariat for Migration. The Court conceded that Ethiopian nationals living in exile ran the
risk of persecution and/or arrest upon their return to Ethiopia if they were identified as
members or supporters of dissident organizations. The Court concluded, however, that the
complainant’s activities in the Church and his political activities could not be described as
constituting a dissident attitude that could result in persecution by the Ethiopian authorities.
The Court accepted that the complainant had a publicly visible position within the community
of Ethiopians in exile in Switzerland, as he was one of only three priests in the Ethiopian
Orthodox Tewahedo Church in Switzerland. However, despite the fact that the Ethiopian
regime engaged in surveillance of politically active public figures in exile, the Court did not
consider that the complainant’s activities as a priest and his political activities as part of the
Ethiopian People’s Patriotic Front could be considered to pose a real threat to the Ethiopian
regime. In addition, the Court found that the complainant had not provided substantial
evidence that the Swiss branch of the Ethiopian Orthodox Tewahedo Church was truly
critical of the Ethiopian regime. Accordingly, the Court found that the claim that the
complainant would be in danger of being subjected to torture or ill-treatment if he were
returned to Ethiopia was unfounded.
The complaint
3.1
The complainant claims that if he were returned to Ethiopia, Switzerland would be in
breach of article 3 of the Convention. He considers that, through his pastoral work and
political activities in Switzerland, he has associated with high-ranking members of the
opposition, and this exposes him to persecution by the Ethiopian authorities. The complainant
claims that although the Ethiopian Orthodox Tewahedo Church is not considered to be part
of the political opposition, its activities and members are closely monitored by the Ethiopian
2
2
Ginbot 7 is an Ethiopian opposition political organization founded by Berhanu Nega. In January
2015, the Ethiopian People’s Patriotic Front merged with Ginbot 7.
GE.21-14023