CAT/C/41/D/326/2007 Page 6 first mentioned the accusations, do not refer to the murder that took place in May 2003, but to crimes allegedly committed in 2001 and 2005.10 With the assistance of the Swedish Embassy in Dhaka, the State party was able to conclude that the police reports and charge sheets submitted by the complainant were not authentic. Indeed, a sub-director of the Munshigonj Magistrate Court indicated that the seals, signatures and contents of the charge sheets, police reports and the complaint allegedly filed by the author’s father were forged. In addition, the case numbers referred to in those documents, when checked with the Court’s register, were not related to cases involving the complainant. As regards the letters sent by the complainant’s lawyer, they did not state a correct address, but that of a tribunal where hundreds of lawyers practice. Furthermore, the information on the letters sent by the complainant’s lawyer does not coincide with the findings of the local investigations and contains fake case numbers, which could either not be verified or referred to a theft case unrelated to the complainant. The Swedish Embassy in Dhaka did not find any evidence that the complainant had been sentenced, prosecuted or accused for any of the crimes that he mentioned. 4.8 On the alleged violation of article 16, the State party recalls the Committee’s jurisprudence11 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 said provision. It maintains that no such other factors are present in the instant case. It also draws the Committee’s attention to the jurisprudence of the European Court of Human Rights,12 which held that ill-treatment must attain a minimum level of severity for it to fall within the scope of article 3 of the European Convention on Human Rights and established that only where there are compelling humanitarian considerations at stake may the enforcement of an expulsion decision entail a violation of article 3. The State party submits that such exceptional circumstances do not exist in the present case. 4.9 The State party refers to the two medical certificates submitted by the complainant, which state that he has been treated for mental illness since 18 November 2005 and that he has seen the doctor on five occasions. That the complainant did not receive any treatment prior to November 2005 and that he did not invoke any medical evidence until his application was pending before the Aliens Appeal Board, may indicate that his mental condition deteriorated primarily as a consequence of the Migration Board’s decision to reject his asylum request. Furthermore, there are reports indicating that mental care is available in Bangladesh.13 Consequently, the State party 10 See paras. 2.5 and 2.6. 11 Inter alia, G.R.B. v. Sweden, loc. cit.; Communication No. 49/1996, S.V. v. Canada, Views adopted on 15 May 2001, para. 9.9; Communication No. 220/2002, R.D. v. Sweden, Views adopted on 2 May 2005, para. 7.2. 12 Cruz Varas and others v. Sweden, judgment of 20 march 1991 (Series A no. 201, para. 83); Bensaid v. the United Kingdom, judgment of 6 February 2001, (Reports of Judgments and Decisions 2001-I, p. 319, para. 40); and D. v the United Kingdom, judgment of 2 May 1997, (Reports of Judgments and Decisions 1997-III, p. 793, paras. 51-54). 13 Home Office, Border and Immigration Agency, Country of Origin Information Report: Bangladesh, published 31 August 2007, para. 28.09.

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