CAT/C/34/D/221/2002
Page 11
5.1
In comments dated 28 July 2003, counsel submits that the complainant was
not aware that he had been acquitted in the case of murder until he received the State
party’s submission. As the investigations undertaken by Sweden revealed that there
were in fact two court cases against the complainant in Bangladesh, this shows that
the documents were authentic.
5.2
Counsel reiterates that, the complainant has submitted credible evidence to
support his allegations of previous torture and charges against him in Bangladesh.
5.3
In respect of the State party’s reference to its experience with Bangladeshi
asylum seekers, counsel refers to a UNHCR report which reveal that out of 245.586
applications from asylum seekers submitted in Sweden between 1990-1999, only
1.300 were made by Bangladeshi citizens. Furthermore, in respect of the State party’s
contention that the complainant’s risk of being maltreated by political opponents falls
outside the scope of article 3, it is submitted that the complainant does not claim a risk
of maltreatment by political opponents, but by Bangladeshi the police.
5.4
In respect of the State party’s contention that the maltreatment of the
complainant by supporters of the Awami League, should have ceased since the
Awami League is no longer in power, whereas a fraction of the Jatiya party is part of
the government coalition, counsel submits that false accusations were also made
against the complainant by BNP supporters. BNP supporters in fact initiated the court
case against him in 1995. The complainant was only acquitted in August 2000, more
than 5 years after the charges were filed. As regards the other charges against him still
pending, he continues to risk detention and thereby to be subjected to torture by
police.
5.5
Regarding the argument that the complainant presented insufficient evidence
to support his claims, counsel submits that in the proceedings before the Aliens
Appeals Board, he requested a medical forensic and psychiatric investigation, but the
Board did not consider this to be necessary. Nevertheless, counsel requested the Krisoch Traumacentrum (KTC) to perform such an investigation, but this institution could
not do so in the autumn of 2002.