CAT/C/34/D/221/2002
Page 12
5.6
As to the contention that the complainant stated before the Migration Board
that he had only been subjected to mental torture during his arrest in July-October
2000, while the medical certificate from Bangladesh stated that he suffered from both
physical and medical injuries following the torture, counsel recalls that it is not
uncommon that victims of torture are unable to remember exactly what happened to
them in each and every instance.
5.7
Counsel submits that, as regards the change of government, those working for
the Freedom party7 are still in opposition to the government, and are subject to false
accusations, detention and torture by police.
State party’s and complainant’s additional comments:
6.1
By note of 12 September 2003, the State party refers to counsel’s allegation
concerning the supporters of the Freedom party, and assumes that the reference to the
Freedom party is an oversight and that the complainant still claims that he was
affiliated with the Jatiya party. It recalls that a fraction of the Jatiya party is part of the
present government in Bangladesh.
6.2
It submits that while counsel indicates that the complainant is currently an
active member of the political opposition in Bangladesh, there is nothing in the
information to the Swedish immigration authorities to indicate the same. As regards
the case of kidnapping, this was according to the complainant initiated by the Awami
League. The State party considers that the transfer of political power therefore has
substantially reduced the complainant’s risk of being subjected to detention and
torture. The State party also suggests that the Bangladesh authorities do not take a
great interest in the complainant, since he could travel about the country for several
years doing political work, notwithstanding that he was charged with murder.
6.3
In further submissions of 9 and 11 December 2003, counsel submits that the
complainant does not belong to the fraction of the Jatiya party which is part of the
current government in Bangladesh, the Naziur Rahmen fraction. He alleges that this
7
Apparently a misspelling; see paragraph 6.1below, which was not challenged to by counsel.