CAT/C/34/D/221/2002
Page 13
fraction constitutes one part of the problems to the fraction the complainant belongs
to, the Ershad fraction, in that it applies political pressure to make members change
from the Ershad fraction to the Naziur Rahmen fraction. The complainant has
described his political activities in detail before the Migration Board and the Aliens
Appeals Board, and neither institution questioned his activities.
6.4
In respect of the State party’s suggestion that the complainant is not of interest
to the Bangladeshi authorities since he could move about in the country while being
charged with murder, counsel submits that his movements were limited, and that
because Bangladesh did not have a centralized data system, he was not apprehended
by the police before 1999.
6.5
Counsel submits documentation to the effect that the author was
examined
by doctors at the Centre for victims of torture and trauma in December 2003. The
psychiatrist concludes that it is beyond doubt that Mr. M.M.K. has been tortured in
the way he describes. He also concludes that the author is suicidal. The forensic report
lists a number of findings of scars and injuries which are typical for victims of
violence and support the author’s description of torture.
6.6
Counsel also submits a declaration by the Vice Chairman of the Jatiyo
Party Central Committee, confirming that the author has been an active
member of the party since 1991, and that he was subjected to government harassment
and persecution for his political belief.
6.7
By note of 23 April 2004, the State party submits that the new documentation
from counsel is lodged out of time and should not be considered by the Committee. In
the event that the Committee decides to consider the additional documentation, the
documentation was presented long after the national authorities had determined his
case and shortly before the Committee is about to decide it. The fact that medical
evidence is obtained and invoked at such a late time is generally likely to diminish its
value. With regard to the pending court case against the author, the Embassy engaged
a lawyer who reported to the Embassy on 29 February 2004 that the court of Bogra