CAT/C/34/D/226/2003
Page 8
the police have continued to look for her after she left Bangladesh. She maintains that
she risks the same treatment if returned to Bangladesh.
3.2
She contends that, considering the medical evidence in her case, the execution
of the deportation order would in itself constitute a violation of article 16 of the
Convention, and perhaps also of article 2 of the Convention, in view of her and her
daughter’s fragile psychiatric condition and severe post-traumatic stress disorder,
which is the result of the persecution and torture to which she was subjected.
3.3
The complainant alleges that the description of torture she suffered coincides
with what is generally known about torture by the police in Bangladesh. She invokes
various reports from governments and international NGOs. According to these
reports, torture practiced by the police against political opponents is not only allowed
by the Executive, but is also often instigated and supported by it. Moreover, domestic
courts are not independent and the decisions of the higher courts are often ignored by
the executive.
3.4
The complainant challenges the Aliens Appeals Board’s finding, that because
of the changed situation in Bangladesh after the elections of October 2001, she is no
longer exposed to the risk of torture if returned. She argues that these elections did not
constitute such a fundamental change in the political circumstances in Bangladesh that
the grounds for persecution could be considered no longer to exist. The change of
government did not in itself mean that people who had been subjected to false
accusations or charges on account of their political activities would be acquitted of
these accusations. They still risked arrest by the police and subsequent ill-treatment
and torture.
State party’s submissions on the admissibility and the merits of the complaint:
4.1
On 2 April 2003, the State party submitted its observations on the
admissibility and the merits of the complaint. It acknowledges that all domestic
remedies are exhausted, but contends that the communication is inadmissible since the
complainant’s claim that she is at risk of treatment in violation of article 3 of the