CAT/C/34/D/221/2002
Page 6
did not consider it probable that the complainant had been subjected to torture, or that
he had a well-founded fear of being subjected to torture or corporal punishment.
2.12
The complainant appealed to the Aliens Appeal Board. The Board was
presented with documentary evidence from Bangladesh, including two medical
reports. A third medical report from the clinic for asylum seekers in Fittja, Sweden,
was also submitted by counsel. Counsel suggested that if the Board had doubts about
the authenticity of the documents, it should investigate the matter through the Swedish
Embassy in Dhaka. The Board did not initiate such an investigation. Counsel
requested the Board to consider another medical investigation; this was not deemed
necessary.
2.13
On 6 August 2002, the Aliens Appeal Board upheld the decision of the
Migration Board, arguing that it is easy to obtain false documents in Bangladesh and
therefore they had to be considered of low evidentiary value. It concluded that the
complainant’s information about his political activities and that he had been subjected
to “torture” did not justify the conclusion that he would risk political persecution or
torture in Bangladesh if returned there.
The Complaint:
3.1
The complainant argues that there are substantial grounds for believing that he
would be subjected to torture if returned to Bangladesh, and that this would constitute
a violation of article 3 of the Convention by Sweden.
3.2
He claims that the execution of the deportation order would in itself constitute
a violation of article 16 of the Convention, in view of his fragile psychiatric condition
and severe post-traumatic stress disorder, resulting from the torture he was subjected
to.
3.3
The complainant argues that his personal fear of torture has been substantiated
throughout the asylum hearings and medical reports. He argues that the Aliens Appeal
Board did not consider it necessary to have his injuries investigated nor to check the
authenticity of the documents, including the medical reports, provided from