CAT/C/46/D/338/2008 The complaint 3.1 The complainant refers to reports on human rights violations in Bangladesh by nongovernmental organizations and claims that in case of his forced return to Bangladesh, Sweden would violate his rights under articles 3 and 16 of the Convention. 3.2 On 16 April 2008 under rule 108, paragraph 1, of the Committee’s rules of procedure, the Committee requested the State party, not to expel the complainant to Bangladesh while his complaint was under consideration by the Committee. State party’s observations on the admissibility and the merits On admissibility 4.1 On 30 October 2008, acknowledged that all available domestic remedies have been exhausted. However it maintains that the complainant’s assertion that he is at risk of being treated in a manner that would amount to a breach of article 3 of the Convention fails to rise to a basic level of substantiation. 4.2 As for the claims under article 16 of the Convention, the State party questions the applicability of this article. It refers to the Committee’s prior jurisprudence and submits that his claims under article 16 should be inadmissible ratione meteriae. It submits that the claims under article 16 is incompatible with the Convention and fails to raise to the basic level of substantiation. On the merits 4.3 The State party acknowledges that the human rights situation in Bangladesh is problematic. Even if it has extensive legislation for the protection of human rights, in practice the situation is inadequate. It refers to reports by several human rights organizations and agencies1 and submits that violence is a pervasive feature of politics in Bangladesh. Supporters of different political parties clash with each other and with police during rallies and demonstrations. Although the Bangladesh Constitution prohibits torture and cruel, inhuman and degrading punishment, the police reportedly use torture, beatings and other forms of abuse while interrogating suspects. Those responsible for torture are rarely punished. In January 2007, after the declaration of state of emergency and postponement of elections, the Government’s human rights record has worsened. It adds that although there was a significant drop in extrajudicial killings by security forces, there remain serious abuses. The Government generally respects the rights to practice the religion of one’s choice, however religious minorities are disadvantaged in practice in such areas as access to government jobs and political office. Nearly ten percent of the population is Hindu. Homosexual acts are illegal, however the legislation is used selectively. 4.4 The State party refers to the Committee’s jurisprudence and submits that concerns regarding the human rights situation in Bangladesh cannot lead to the conclusion that persons liable to be arrested on criminal charges ipso facto face a real risk of torture. It submits that the material before the Committee does not indicate that the complainant would now be in danger of politically motivated persecution and that he would be particularly vulnerable during a possible period of detention. Thus, even if it were shown 1 Swedish Ministry of Foreign Affairs. Report on Human Rights 2007; US State Department Report., 2007; British Home Office Guidance Note, 2007. Amnesty International Annual Report 2008; Human Rights Watch report 2007. 5