CAT/C/31/D/228/2003 Page 6 sense, the article is inapplicable. Moreover, for the reasons developed below, this claim is also insufficiently substantiated, for purposes of admissibility. 4.3 On the merits, the State party argues that, in the light of the general human rights situation in Bangladesh and the evidence advanced, the complainant failed to make out a personal and substantial risk of torture, as defined in article 1, which would render his expulsion contrary to article 3. As to the general situation, the State party concedes that it is problematic, but points to progressive improvement over a longer term. Following the introduction of democratic rule in 1991, no systematic oppression of dissidents has been reported, and human rights groups are generally permitted to conduct their activities. The Bangladesh National Party (BNP) returned to power (after holding power from 1991 to 1996 and being in opposition from 1996 to 2001, to the Awami League) following elections on 1 October 2001 declared free and fair. Violence is however a pervasive element in political life, with supporters of different parties clashing at rallies and police reportedly often engaging in arbitrary arrest and abuse during interrogations. Acts of torture are seldom investigated, and the police, whose members are allegedly utilized by the Government for political purposes, are reluctant to pursue investigations against persons affiliated with Government. While lower courts are susceptible to executive pressure, higher courts are by and large independent and rule against the Government in high profile cases. Persons are occasionally tried in absentia, though no right of retrial exists if the person returns. 4.4 In 2002, members of the State party’s Aliens Appeals Board visited Bangladesh, meeting with advocates, members of Parliament and the Executive, representatives of local embassies and international organizations, and found no institutional persecution. While “high profile” persons may be arrested and harassed by the police, political persecution is rare at the grass roots level. Court cases based on false accusations are common, but directed primarily against senior party officials. Harassment can be avoided by internal relocation within the country. The State party points out Bangladesh is a party to the Convention and, since 2001, to the International Covenant on Civil and Political Rights. 4.5 Turning to the real, personal and foreseeable risk of torture which the complainant is required to face under article 3 in the event of a return, the State party points out that its authorities explicitly applied the relevant Convention provisions. In addition, the competent authorities are in an advantageous position in assessing applications, particularly in the light of the experience gained in granting 629 cases on article 3 grounds in 1’427 cases from Bangladesh over a 10-year period. Accordingly, weight should be given to the decisions of the Immigration and Aliens Appeals Boards, whose reasoning the State party adopts. The State party emphasizes, with reference to the Committee’s jurisprudence, that past torture is not sufficient, of itself, to determine a risk of future torture contrary to article 3. 4.6 The State party observes that, on the complainant’s own account, false charges were lodged and police abuses committed against him on account of strong governmental pressure. The alleged torture took place over six years ago, and the complainant has been politically inactive since January 1997. Given that the Bangladeshi political context has significantly changed since the complainant’s arrival in Sweden, notably by virtue of the defeat of the Awami League government in the

Select target paragraph3