CAT/C/41/D/326/2007 Page 5 being tortured in the country to which he is returned and that it is for the complainant to present an arguable case.7 In addition, the risk of torture must be assessed on grounds that go beyond mere theory or suspicion although it does not have to meet the test of being highly probable. It draws the Committee's attention to the fact that several provisions of the Aliens Act, reflect the same principle as that laid down in article 3, paragraph 1, of the Convention. It points out that the Swedish authorities therefore apply the same type of test as the Committee when examining complaints under the Convention. 4.4 The State party claims that the complainant’s return to Bangladesh would not entail a violation of article 3 of the Convention. The complaint is founded on the claim the complainant risks torture upon return to his country of origin, due to his past arrest and torture on two occasions because of his political activity, once by BNP supporters and once by BNP supporters and the police. He claims that he also risks being arrested due to false accusations against him. 4.5 As regards the alleged risk of torture by political opponents, the State party refers to the definition of “torture” of article 1 of the Convention and to the requirement that torture be “inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity”. It recalls the Committee’s jurisprudence that the issue of whether a State party has an obligation to refrain from expelling a person who might risk pain or suffering inflicted by a non-governmental entity, without the consent or acquiescence of the State, falls outside the scope of article 3.8 In any event, the complainant has not substantiated his claim that he would run such a risk if returned to Bangladesh. In this regard, the State party notes that there is reason to question the credibility of the complainant’s statements. In this context, it points to several factual inconsistencies, including inconsistencies on the dates of the alleged arrests. It also indicates that the complainant did not claim to have been subjected to torture at the first interview. 4.6 With respect to the risk of torture by the police, because of a previous instance when he was allegedly tortured by BNP supporters and the police at the Munshigonj police station in 2002, the State party notes that this event was not mentioned during the first interview with Swedish migration authorities. The events in question took place more than five years ago and there is nothing to indicate that his political opponents would have any interest in him at present. The complainant was not in a leading position in the party and any harassment on account of his political activities would have a local character and could be avoided by moving, as he did when he moved to Chittagong and Dhaka. The State party argues that, according to the Committee’s jurisprudence,9 the requirement for the torture to have occurred in the recent past has not been met. 4.7 Regarding the complainant’s allegations that he risks arrest and torture on account of false accusations against him, the State party questions the credibility of his version. The complainant did not mention the murder accusations until his second interview with the Swedish migration authorities. In addition, the charge sheets submitted by the complainant over two years after he 7 S.L. v. Sweden, op. cit., para.6.4. 8 Communication No. 83/1997, G.R.B. v. Sweden, Views adopted on 15 May 1998, para. 6.5. 9 Communication No. 191/2001, S.S. v. The Netherlands, Views adopted on 5 May 2003, para. 6.6.