CAT/C/34/D/221/2002
Page 10
4.13 As to the claim under article 16, the State party contests the complainant’s
allegation that because of his “fragile psychiatric condition and severe PTSD”, a
deportation of him would amount to a cruel, inhuman or degrading treatment within
the meaning of article 16, paragraph 1. The State party refers to the Committee’s
jurisprudence in G.R.B v. Sweden4, and S.V. et al v. Canada5., and the jurisprudence
of the European Court of Human Rights, and submits that only in very exceptional
circumstances may a removal per se constitute cruel, inhuman or degrading treatment.
Such exceptional circumstances have not been presented in the complainant’s case:
(a)
Firstly, because the complainant has presented scant medical evidence in
connection with his asylum application. Before the Migration Board, he did
not invoke any medical evidence at all. Before the Aliens Appeals Board, he
submitted a medical certificate from the Fittja health care centre, which states
that he is severely traumatised; it does not state that he suffers from PTSD or
that he contemplated suicide. In addition,the case file of the immigration
authorities reveals that the complainant, despite his health problems, worked in
a restaurant in Stockholm. The State party submits that the fact that the
complainant did not invoke any medical evidence until his application was
pending before the Aliens Appeals Board, may indicate that his medical
condition has deteriorated primarily as a consequence of the Migration
Board’s decision to reject his asylum application.
(b)
Secondly, there is no substantial basis for the complainant’s fear of returning
to Bangladesh. He has family in Bangladesh to support him, and medical care
is available if needed, at least in a big city like Dhaka where most of the
family members live.
(c)
Thirdly, the enforcement authorities in Sweden are obligated to implement the
deportation in a human and dignified manner which takes into account the
alien’s health.
The complainant’s comments:
4
5
Communication No. 83/1997, Views adopted on 15 May 1998.
Communication No. 49/1996, Views adopted on 15 May 2001.