CAT/C/34/D/226/2003 Page 9 Convention in the event of return to Bangladesh lacks the minimum substantiation that would render the communication compatible with article 22 of the Covenant. 4.2 The State party also challenges the claim that the execution of the deportation order would, in itself, constitute a violation of articles 2 or 16 of the Convention in view of the complainant and her daughter’s fragile psychiatric condition. The enforcement of the expulsion order cannot be considered an act of torture within the meaning of article 1 of the Convention and article 2 only applies to acts tantamount to torture within the meaning of article 1. Therefore, article 2 is not applicable in the context of the present case. Article 16 protects persons who are deprived of their liberty or who are otherwise under the factual power or control of the person responsible for the treatment or punishment, and the complainant can hardly be considered as a victim in that sense. The communication is therefore considered inadmissible in accordance with article 22, paragraph 2, of the Convention. 4.3 On the merits, and with regard to the alleged violation of article 3 of the Convention, the State party indicates that although the general situation of human rights in Bangladesh is problematic, improvements have taken place during the last few years. Bangladesh has been a parliamentary democracy since 1991. Under the first government of the BNP during 1991-1996, increasing efforts were made to protect human rights. In 1996 a new government led by the Awami League came to power in elections generally declared free and fair by observers. The BNP returned to power after elections on 1 October 2001. Although violence is a pervasive element in the country’s politics and supporters of different political parties frequently clash with each other and with police during rallies and demonstrations, a wide variety of human rights groups are generally permitted to conduct their activities in the country. The police reportedly use torture and ill-treatment during interrogation of suspects and rape of women detainees in prisons or police custody has been a problem. However, there were no reports of such occurrences during 2001. The police are said to be often reluctant to pursue investigations against persons affiliated with the ruling party. The higher levels of the judiciary, however, display a significant degree of independence and often rule against the government in criminal, civil and even politically controversial cases. The Aliens Appeals Board made a study tour to Bangladesh in October 2002. According to its classified report, there is no institutionalized