CAT/C/46/D/338/2008
2.9
In support of his claims, he had presented his national passport, the Mosque’s fatwa
against him, as well as certificates of his membership in BDB, a press article, and Swedish
medical journal.
2.10 On 15 June 2005, the Migration Board rejected the complainant’s asylum
application. The Board noted first, that the complainant failed to establish his identity as his
passport was damaged. The complainant’s political activities were not placed at doubt, but
the Board noted that they had been only limited in time and in place. As to the torture
allegations, the Board concluded that it was an isolated act, and that the complainant should
have complained at higher level in order to report the torture. The Board did not find any
evidence that a criminal case against the complainant was ongoing in Bangladesh. The
religious faith of the complainant has not, according to the Board, given him problems so as
to make him in need of protection. The Board had admitted that homosexuality was
criminalized in Bangladesh and could be punished with life imprisonment. In practice,
however, there is no active persecution of homosexuals in Bangladesh.
2.11 On appeal, the complainant affirmed that he had been in touch with Mr. Mahi
Chouwdhury in August 2005, who informed him that the police was still investigating the
accusations against the complainant. The procedure was at a preliminary stage and was
confidential. The complainant adds that his family has disappeared. Even though a few
pages of his passport were missing, they did not include those containing his name, address,
photograph, etc. In relation to his political activities, he contended that even though his
political activities were conducted only locally, he had been arrested and tortured on two
occasions because of them.
2.12 In relation to his religion and homosexuality, the complainant has pointed out that
these two grounds combined aggravate his situation in Bangladesh. The fact that he is a
Hindu makes it more probable for him to be sentenced to life imprisonment because of his
homosexuality than if he would be a Muslim in the same situation. He also pointed out that
the Migration Board has omitted to comment on the fatwa issued against him.
2.13 The Migration Board of Appeals ceased to exist in March 2006, and the
complainant’s case was referred to the Stockholm Migration Court. The complainant added
to his complaint, inter alia, medical certificates issued in 2006 and 2007, by Swedish
medical specialists, who concluded that the complainant suffered from Post Traumatic
Stress Syndrome and depression, and that he would need a long and continuous treatment.
2.14 On 3 April 2007, the Court found that the information before it did not permit it to
doubt on Mr. Mondal’s credibility. It concluded, however, that the complainant failed to
establish that in Bangladesh he would be persecuted because of his past political opinions.
The Court further concluded, in relation to the complainant’s homosexuality, that he again
failed to prove that he would be persecuted on this ground. With regard to persecution
based on religion, the Court found that the mere fact that he belonged to a minority group
did not constitute sufficient reason. Finally, the Court found that the complainant had not
made it probable that there existed reasons to believe that he would be punished with death
penalty, or subjected to ill-treatment or torture, in relation to his allegations that there was a
risk to be arrested again. The court found no humanitarian reasons to grant a residence
permit to the complainant.
2.15 The complainant appealed this decision with the Supreme Court of Migrations
Appeals. On 31 August 2007, the Supreme Court of Migrations Appeals rejected the
complaint.
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