CAT/C/41/D/326/2007
Page 4
attacking a BNP meeting with bombs in 2005.4 He also submitted two letters from M. A. A., the
complainants’ lawyer in Bangladesh, who allegedly confirmed that the 2001 case had been
completed and that life imprisonment or death penalty sentences could be expected. The
complainant also referred to a number of reports regarding the general political situation in the
country, the situation of the judiciary and the use of torture in Bangladesh.
2.7 In addition, the complainant submitted medical certificates by Dr. P. K., according to
which he was treated for mental illness since mid-November 2005. Dr. P. K. concluded that the
complainant’s history of past ill-treatment and present mental health problems, including sleep
disturbances, recurring nightmares, intrusive memories and anxiety, especially related to events
reminding him of the trauma, fulfilled the criteria of Post Traumatic Stress Disorder (PTSD).
The complaint
3.
The complainant claims that his deportation to Bangladesh would constitute a violation by
Sweden of articles 3 and 16 of the Convention. He fears assassination by BNP supporters if
returned to Bangladesh. He also fears being arrested and tortured by the police because of the
accusations against him. He adds that the prison conditions in the country amount to cruel,
inhuman or degrading treatment.
State party’s observations on the admissibility and the merits
4.1 On 15 February 2008, the State party challenged the admissibility and merits of the
complaint. On admissibility, and as regards article 3, it submits that the complaint is manifestly
unfounded and therefore inadmissible. With respect to article 16, it submits that this part of the
complaint should be declared inadmissible ratione materiae as incompatible with the provisions
of the Convention. In addition, the State party submits that the complainant’s claim on article 16
lacks the minimum substantiation required, for purposes of admissibility.
4.2 On the merits, the State party submits that the existence of a pattern of gross, flagrant or
mass violations of human rights in a country does not as such constitute sufficient grounds for
determining that a particular person would be at risk of being subjected to torture upon his return
to that country. Additional grounds must exist to show that the individual would be personally at
risk. 5 As regards the current general human rights situation in Bangladesh, the State party
acknowledges that it is problematic, but points to an improvement in the last few years.
Nevertheless, violence is a pervasive feature of politics in the country and police reportedly use
torture, beatings and other forms of abuse.
4.3 The State party also refers to the Committee's jurisprudence6 that for the purposes of article
3 of the Convention, the individual concerned must face a foreseeable, real and personal risk of
4
The complainant states that the fact that this second crime took place while he was in Sweden
proves that it was a false accusation.
5
6
Communication No.150/1999, S.L. v. Sweden, Views adopted on 11 May 2001, para. 6.3.
Communication No.103/1998, S.M.R. and M.M.R. v. Sweden, Views adopted on 5 May 1999,
para. 9.7.