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