CAT/C/32/D/196/2002
Page 4
where he applied for asylum to the National Immigration Board (now
Migration Board and hereinafter referred to as such) on 4 November 19993.
2.5
On 18 October 2000, the Migration Board rejected the complainant’s
application for asylum. The complainant appealed to the Aliens Appeals
Board, which, on 18 May 2001, rejected his refugee claim, and decided to
deport him to Bangladesh. The Aliens Appeal Board based its decision on the
finding that the complainant’s political participation and alleged political
persecution did not provide sufficient grounds for asylum since there is
freedom of political expression in Bangladesh and the BNP is a legal political
party. Although the Board did not question that the complainant was subjected
to torture in 1990, 1995 and 1998, he resided in Sweden at the time of the
alleged torture in 1992 and could therefore not have been subjected to torture
at that time. This made the Board doubt the complainant’s credibility.
Moreover, although the Board members were aware of the incidents of police
violence against persons in detention in Bangladesh, it did not consider that
the complainant in particular risks being subjected to violence as part of a
political persecution, and that the general treatment of prisoners as such did
not justify asylum.
2.6
Counsel submitted new information with two new applications to the Board,
which were rejected on 20 September and 29 October 2001, respectively. He
submitted that the complainant would be arrested immediately upon return to
Bangladesh, since he, according to a fax from his Bangladeshi lawyer, is under
investigation for murder, and has been convicted and sentenced to life
imprisonment for treason and anti-state activities on 3 September 2001.
2.7
According to the Swedish local psychiatric service, the complainant displays
suicidal tendencies. The medical certificate from the Centrum for Victims of
Torture (hereinafter referred to as CTD) states that he suffers from Post
Traumatic Stress Syndrome, and that they found several scars which support
the complainant’s account of the torture he claims to have been subjected to.
The complaint:
3.
The complainant claims that if returned to Bangladesh, there are substantial
grounds to believe that he would be subjected to torture. He contends that his
deportation to Bangladesh would be in violation of article 3 of the Convention.
In substantiation of this fear, he invokes the instances of previous detention
and torture on account of his political activity in Bangladesh. He further
indicates that there exists a consistent pattern of human rights violations by
Bangladeshi authorities, in particular against political opponents and persons
in detention.
The State party’s submission:
3
Counsel states on page 2, paragraph 2 of the initial submission that the complainant applied for
asylum on 4 November 1999, but then in paragraph 4 that he applied for asylum on 20 November 1990.