CAT/C/58/D/627/2014
serious violence. In support of his claim, he submitted to the Migration Agency a medical
certificate from his country of origin and to the Migration Court an “invalidity” certificate
issued in Sweden. The complainant also submitted copies of court documents from
Bangladesh concerning his family’s police report of the assault to which he was subjected.
In addition, he submitted a business certificate, business cards, eight photographs of his
family’s home in Bangladesh and an appeal to the Greek authorities written by his parents.
4.16 In that connection, the State party notes that, like the Migration Agency, it considers
that the photographs submitted of the complainant’s family are irrelevant. It also notes that
in its decision, the Migration Agency considered that the document signed by the
complainant’s parents could not be accorded any great importance as it consisted only of an
appeal to the Greek authorities concerning the complainant. In addition, the Migration
Agency noted that the membership document was of a “simple nature” and could easily be
forged and that its probative value was thus low.
4.17 As regards the Bangladesh court documents submitted in support, the Migration
Agency has had a local lawyer in Bangladesh verify their authenticity. The response from
the Embassy of Sweden in Dhaka, which handled the contact with the local lawyer, showed
that all of the court documents should be considered as forged. The documents were, for
example, issued by a court that had not been established on the date on which they were
issued and the stamps and signatures on the documents were also forged. Moreover, the
judge who allegedly signed all of the documents in 2005 only started working in that court
in 2008. The registration number on the police report showed that the case was not opened
by the authorities until 2011 and not in 2005, when the alleged crime took place. The
complainant, who was given the opportunity to respond to that information, rejected the
information that the documents were forgeries. As the burden of proof is on the
complainant, the State party maintains that he has not submitted anything to support the
claim that a court existed in the location in question in 2005. In addition, the State party
notes that the Migration Agency also considered that there was a lack of support for the
complainant’s claim that “the individual official’s information was not reliable”.
4.18 As concerns the medical certificate from Bangladesh, the State party submits that the
Migration Agency noted that the document consisted of a standard form that was signed
and stamped and in which the medical information was handwritten. In the light of the
“simple nature” of the document and as the Migration Agency had already questioned the
written evidence concerning the alleged cause of the injuries the complainant sought to
prove with this document, the Agency considered that the medical certificate had a
particularly low probative value. The State party adds that the Migration Court also noted
that the certificate was of a “simple nature” and had a low probative value. Moreover, the
Migration Agency noted that the complainant had not submitted any noteworthy medical
documentation from the Swedish health-care system concerning the physical injuries he
claims to have suffered, even though he had had adequate time to do so. Although the
certificate that the complainant submitted concerning a period of hospitalization dated
6 May 2013 states that he received treatment in Sweden, the Migration Agency observed
that it contained no information concerning what led to the need for treatment or what exact
treatment he received. The Migration Agency thus considered that the certificate of
hospitalization in Sweden lacked a connection to his claimed need for protection with
respect to his country of origin. In the light of that, the State party shares the view of the
Migration Agency that the written evidence submitted by the complainant cannot prove in
itself the threat and abuses to which he claims to have been subjected.
4.19 Furthermore, the State party notes that the complainant states to the Committee that
the medical certificate from Bangladesh was of a “simple nature” and that he, regrettably
enough, was never informed of the importance of documenting his injuries. The State party
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