CAT/C/41/D/326/2007
Page 7
argues that the possible aggravation of the complainant’s state of mental health due to his
deportation would not amount to cruel, inhuman or degrading treatment.
5.
On 11 September 2008, the complainant submitted that he did not have any comments on
the State party’s observations.
Issues and proceedings before the Committee
Consideration of admissibility
6.1 Before considering any claims contained in a complaint, the Committee against Torture
must decide whether or not it is admissible under article 22 of the Convention.
6.2 The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of
the Convention, that the same matter has not been and is not being examined under another
procedure of international investigation or settlement.
6.3 In accordance with article 22, paragraph 5 (b), of the Convention, the Committee does not
consider any communication unless it has ascertained that the complainant has exhausted all
available domestic remedies. The Committee notes the State party’s acknowledgment that
domestic remedies have been exhausted and thus finds that the complainant has complied with
article 22, paragraph 5 (b).
6.4 Concerning the claim relating to the aggravation of M. F.’s mental condition on account of
his expulsion to his country of origin, the Committee recalls its prior jurisprudence that the
aggravation of the condition of an individual's physical or mental health by virtue of a
deportation is generally insufficient, in the absence of additional factors, to amount to degrading
treatment in violation of article 16.14 The Committee notes the medical certificates presented by
the complainant which state that he suffers from PTSD. The Committee also notes the State
party’s contention that mental health care is available in Bangladesh, a statement not refuted by
the complainant. In the absence of exceptional circumstances and in view of complainant’s
failure to respond to the State party's argument that medical care was available in Bangladesh,
the Committee considers that he has failed sufficiently to substantiate this claim, for purposes of
admissibility, and it must accordingly be considered inadmissible.
6.5 With respect to the complainants’ claim under article 3 of the Convention, the Committee
finds no further obstacles to the admissibility of the complaint and accordingly proceeds with its
consideration on the merits.
Consideration of the merits
7.1 The issue before the Committee is whether the complainants’ removal to Bangladesh
would constitute a violation of the State party’s obligation, under article 3 of the Convention, not
14
See G.R.B. v. Sweden, op.cit., para.6.7; Communication No. 183/2001, B.S.S. v. Canada,
Views adopted on 12 May 2004, para.10.2; and Communication No. 245/2004, S.S.S. v. Canada,
Views adopted on 16 November 2005, para.7.3.