CAT/C/58/D/627/2014
4.23 In addition, the State party submits that the Migration Court also considered that the
complainant did not have a senior position in the party. Further, the court noted that more
than eight years had passed since the complainant left Bangladesh and no documentation
had emerged to suggest that he continued to be politically and religiously active.
Accordingly, the State party agrees with the Migration Court that the circumstances
strongly suggest that the complainant would not be of special interest to the Bangladesh
authorities.
4.24 The State party further notes the conclusions of the Migration Agency that the
complainant had submitted contradictory information. In particular, during the interview
the complainant stated that he had sought help from the authorities in Bangladesh but that
they had not offered him any assistance. Later in the same interview, he stated that he had
not contacted the authorities owing to his fear of their retribution. Furthermore, he then
asserted that his parents had contacted the authorities, but not until he had left the country.
However, according to a copy of his father’s complaint, the complaint was filed on 17 July
2004, when the complainant was still in the country. In the light of the above and of the
country of origin information, according to which the authorities do not routinely persecute
or harass members of opposition parties, the State party shares the view of the Migration
Agency that the complainant has not submitted a plausible explanation as to why he did not
contact the authorities in his country of origin himself. The State party also emphasizes that
the Migration Agency found it odd that the report filed is, according to the complainant, an
open case with the authorities in his country, despite the fact that he has never been
interviewed by the authorities about the alleged offences committed against him.
4.25 In the light of the foregoing, the State party maintains that the present complaint
should be declared inadmissible under article 22 (5) (a) of the Convention, as the same
matter has been examined under another procedure of international investigation; or under
article 22 (2) for being manifestly unfounded. In the alternative, the State party submits that
the present complaint reveals no violation of the Convention.
Additional submissions by the parties
5.1
On 10 August 2015, the complainant noted that even though his application to the
European Court of Human Rights concerned the same matter as the present communication,
nevertheless there was nothing in the letter from the Court clearly indicating that his
application was declared inadmissible for reasons related to substance, rather than on
procedural grounds, and that the application was decided on the merits. According to the
complainant, the Court did not use its usual wording, namely that the complainant’s claims
were manifestly ill-founded.
5.2
The complainant further notes that the State party has referred to a number of reports
on the general human rights situation in Bangladesh, but it did not refer to a Human Rights
Watch report entitled “World report 2015: Bangladesh”, which had already been released in
January 2015, when the State party submitted its observations. He adds that another more
recent report on the situation in Bangladesh was released by the United States Department
of State on 25 June 2015 entitled “Country reports on human rights practices for 2014 –
Bangladesh”. According to the Human Rights Watch report of January 2015, hundreds of
people were killed and injured in violent attacks in connection with the elections in
Bangladesh in January 2014. The security forces carried out abductions, killings and
arbitrary arrests, particularly targeting opposition leaders and their supporters, and
unacceptable restrictions had been imposed on freedom of expression. Further, according to
the Department of State report of June 2015, the most serious human rights violations
during 2014 were extrajudicial killings and disappearances, and 10 individuals had been
tortured to death by the security forces. That general information, according to the
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