CAT/C/34/D/226/2003
Page 5
2.5
As evidence of her political activities, the complainant submitted to the
Migration Board a receipt for the payment of the membership fee for the party and a
certificate from the Jatiya Party, which stated that she joined the party in 1994, and
was elected Joint Secretary in January 1996. She also submitted a medical report from
a hospital in Bangladesh, dated 17 August 2000, which confirmed that she was
physically assaulted and raped. The report stated that there were several cigarette
burns over her right thigh and hand, bruises over her wrist, a small incised wound on
her right finger, a bluish mark over the back, and bleeding through her vagina and
over the vulva. She also submitted a medical certificate, issued by a psychologist on
22 May 2001, which stated that her mental condition had worsened, that she had
insomnia, nausea, vomiting, cold sweat, difficulties in concentrating and talking,
feebleness, and strong memories of the rape. Another certificate, issued by a Swedish
psychologist on 7 September 2001, showed that she had developed a post-traumatic
stress disorder syndrome accompanied by nightmares, flashbacks and severe corporal
symptoms. The same certificate stated that her daughter suffered from constipation,
lacked appetite, and had difficulties to sleep. The child suffered from a special trauma
as a consequence of being waiting for a decision about grant of residence permits.
2.6
The complainant points out that the Migration Board did not dispute that she
had been tortured and raped. However, the Board concluded that these acts could not
be considered to be attributable to the State of Bangladesh but had to be regarded as
the result of the actions of individual policemen. The Board also stated that the Jatiya
Party was in alliance with the Bangladesh National Party (hereinafter referred to as
BNP), currently in government.
2.7
Before the Aliens Appeals Board, the complainant contested the findings of
the Migration Board. She denied that the Ershad fraction of the Jatiya Party was allied
to the BNP, and pointed out that, at the time of the appeal, the leader of her faction,
Mr. Ershad, had left Bangladesh. Regarding the acts of torture and rape, she alleged
that the police was part of the State of Bangladesh, that it was futile to complain
against the police because the institution never investigated such complaints, and that
the situation of the victim usually worsened if he or she decided to complain. She
invoked reports of the U.S Department of State and Amnesty International according