CAT/C/37/D/227/2003
Page 10
in which the execution was planned to take place, shows that it would not have taken place in
the humane and dignified way. He refers to a report of the European Commission Against
Racism and Intolerance (the ECRI),8 which in turn refers to the criticism that has been raised
against the Swedish authorities for executing expulsion orders without respect for the dignity
of the individual involved.
5.2 In addition to already submitted reports on the general human rights situation in
Bangladesh, the complainant also invokes an additional Amnesty International report.9 The
report concludes that torture has been widespread in Bangladesh for years, that successive
governments have not addressed the problem, and that there is a climate of impunity. Court
proceedings against a public employee, such as a police officer, are only possible with the
government’s agreement, which is rarely forthcoming. The complainant challenges the State
party’s assessment that activists at grass roots level are not the subject of false accusations.
He also reminds the Committee of the ‘declaration’ made by the People’s Republic of
Bangladesh that it would apply paragraph 1 of article 14 of the Convention against Torture
‘in accordance with the existing laws and legislation in the country’. The complainant
submits that contrary to the provisions of this article, victims of torture in Bangladesh have
not been able to obtain redress and or compensation to which they are entitled. He refers to
the enactment of the so-called Joint Drive Indemnity Act that granted immunity from
prosecution to military and government officials for the instances of torture that allegedly
occurred during the so-called Operation Clean Heart.
5.3 In relation to his personal circumstances, the complainant reiterates that he faces a
foreseeable, real and personal risk of torture if he is returned to Bangladesh. Without
contesting the statistics presented by the State party (paragraph 4.8 above), the complainant
argues that the State party did not show how many of those who applied for asylum where
granted asylum or a residence permit as person otherwise in need of protection. He also
submits that compared to other categories, the asylum seekers from Bangladesh are very few
each year.10 Thus, the experience of the State party’s immigration authorities regarding this
category is far less than that concerning other categories of asylum seekers. The complaint
further argues that no fundamental changes of the political situation in Bangladesh have taken
place. The BFP is a party that in so far as it still exists, is in opposition to the present
Government of four-party coalition headed by the BNP. The complainant argues that neither
the State party nor its migration authorities contested this fact or his evidence of past torture.
He submits that, where it is established that a person has been subjected to torture in the past,
there should be a presumption that this person runs a risk of torture in the future, unless
circumstances have manifestly changed. The complainant adds that a number of laws in
Bangladesh, such as the Code of Criminal Procedure and the Special Powers Act, create
conditions that facilitate torture by enabling the police to arrest a person on vaguely
formulated grounds, or without charge, and to keep him/her in prolonged detention. While
accepting that the Public Safety Act was repealed in April 2001, the complainant argues that
8
Reference is made to the Report of the European Commission Against Racism and
Intolerance made public on 15 April 2003.
9
Amnesty International, Bangladesh: Urgent need for legal and other reforms to protect
human rights (ASA 13/015/2003), published in May 2003.
10
Reference is made to the UNHCR Report of November 2001 ‘Asylum Applications in
Industrialized Countries: 1980-1999’.