74. Also at its thirty-seventh session, the Committee adopted Views on complaints
Nos. 227/2003 (A.A.C. v. Sweden), 251/2004 (A.A. v. Switzerland), 259/2004
(M.N. v. Switzerland), 262/2005 (V.L. v. Switzerland), 265/2005 (A.H. v. Sweden), 277/2005
(N.Z.S. v. Sweden), 279/2005 (C.T. and K.M. v. Sweden), 280/2005 (Rgeig v. Switzerland),
282/2005 (S.P.A. v. Canada), 286/2006 (M.R.A. v. Sweden). The text of these decisions is
reproduced in annex VII, section A, to the present report.
75. In its decision on complaint No. 227/2003 (A.A.C. v. Sweden), the Committee found that
the complainant’s expulsion to Bangladesh, where he had allegedly been tortured as a member of
an illegal political party, did not amount to a violation of article 3 of the Convention, given that
seven years had lapsed since the alleged torture had taken place, that the status of charges against
the complainant under the Public Safety Act remained unclear, and that the complainant’s own
political party was now part of the Government of Bangladesh. Furthermore, the Committee
considered that the complainant had not sufficiently substantiated, for purposes of admissibility,
that his prompt removal from Sweden, despite mental health problems, violated article 16 of the
Convention. In this respect, it considered that the aggravation of an individual’s physical or
mental health through deportation is generally insufficient to amount to degrading treatment
within the meaning of this provision. It also found inadmissible, for lack of substantiation, the
complainant’s further claim that the restrictive practice used by the Swedish authorities in the
granting of a residence permit itself violated articles 3 and 16 of the Convention.
76. Complaints Nos. 251/2004 (A.A. v. Switzerland), 259/2004 (M.N. v. Switzerland),
265/2005 (A.H. v. Sweden), 277/2005 (N.Z.S. v. Sweden), and 286/2006 (M.R.A. v. Sweden)
concerned asylum-seekers who claimed that their expulsion, return or extradition to their
countries of origin would constitute a violation of article 3 of the Convention, as they would be
at risk of being subjected to torture there. The Committee, after examining the claims and
evidence submitted by the complainants as well as the arguments from the two States parties
concerned, concluded that such risk had not been established. Accordingly, no breach of article 3
was found in these cases.
77. In its decision on complaint No. 262/2005 (V.L. v. Switzerland), the Committee considered
that the complainant had established that her expulsion to Belarus would expose her to the risk of
being subjected to torture, in violation of article 3 of the Convention. It reached this conclusion
in the light of medical evidence corroborating the complainant’s allegation that she had been
subjected to sexual abuse, including multiple rape, by the police in the recent past, in retaliation
for her and her husband’s political activities. This abuse was also aimed at intimidating,
punishing and humiliating her, and the Belarusian authorities appeared to have failed to
investigate, prosecute and punish the police for such acts. In this context, the Committee stressed
that the sexual abuse by the police amounted to torture, even though it had been perpetrated
outside formal detention facilities. The Committee noted that the Belarusian authorities’ failure
to act increased the risk of ill-treatment after the complainant’s return to Belarus, since the
perpetrators of the rape had not been investigated, let alone prosecuted, and could mistreat the
complainant again with impunity. There was, therefore, substantial doubt, based on the particular
facts of the case, as to whether the authorities of Belarus would take the necessary measures to
protect the complainant from further harm.
78. Complaint No. 279/2005 (C.T. and K.M. v. Sweden) concerned a Rwandan citizen of Hutu
origin claiming that her expulsion to Rwanda would expose her and her son to the risk of torture,
in violation of article 3 of the Convention. The Committee noted her description of the treatment
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