CAT/C/32/D/196/2002 Page 7 have occurred in 1992, in connection with a medical examination. On this fourth occasion, however, the complainant actually was residing in Sweden. 4.13 Thirdly, the complainant provided diverging information about his life in Bangladesh after his return from Sweden in 1995. While according to the record from the medical centre in Rågsved of 11 January 2000, the complainant states that he was imprisoned for six months upon return to Bangladesh in 1995 and otherwise living on the run, the record from the psychiatric clinic shows that he had been working as an assistant in a shop for four years, between 1995 and 1999. The allegation of a six months imprisonment otherwise does not appear anywhere else in the information submitted by the complainant to the Swedish authorities. 4.14 The State party concludes that the complainant has not substantiated his claim that there are substantial grounds for believing that he would be in danger of being tortured if returned to Bangladesh, and that an enforcement of the expulsion order would therefore not constitute a violation of article 3 of the Convention. The complainant and the State party’s further comments: 5.1 On 23 April 2004, counsel submitted comments to the State party’s submission. He reiterates the complainant’s previous arguments, and adds that the complainant claims that he is still active in the Shanti Bahini, and that he is therefore wanted by the Bangladeshi police and authorities. 5.2 By note verbal of 29 April 2004, the State party disputes that the complainant can invoke his membership with the Shanti Bahini organization as a new circumstance. First, this new circumstance should be disregarded because the complainant has not referred to it previously in his complaint to the Committee, although he must have had the possibility to do so. Second, the late submission of the new circumstance gives reason to question the veracity of the complainant’s statement in this regard. Third, the complainant has submitted no evidence to support his claim, and fourth, the State party has information about a peace accord between the Shanti Bahini and the Bangladeshi government signed on 2 December 1997, and that the Shanti Bahini was formally abolished in 1999. Thus, the complainant has not substantiated his claim that the alleged membership in Shanti Bahini would imply that he would be exposed to a risk of torture if expelled to Bangladesh. Issues and proceedings before the Committee Consideration of admissibility 6.1 Before considering any claims contained in a complaint, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. In this respect the Committee has ascertained, as it is required to do under article 22, paragraph 5 (a) of the Convention that the same matter has not been and is not being examined under another procedure of international investigation or settlement. The Committee also notes that the State party does not contest the exhaustion of domestic remedies, although it

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