CAT/C/37/D/227/2003
Page 15
had been instituted against him either in 1997, 1999 or 2000 with the exact dates on which it
had happened.
8.7 In relation to the charges which the complainant says were filed against him under the
Public Safety Act, the Committee has noted that the current status of these charges against
him remains unclear. While the State party’s argument that the Act has been repealed has not
been contested by the complainant, he doubts any cases raised on the basis of this Act had
been closed or withdrawn. In the absence of evidence indicating continued police interest in
the complainant, the Committee considers that the complainant has not been able to
substantiate his claims that the prosecution of charges filed against him will proceed, even
though the relevant legislation has been repealed. As a consequence, it does not consider it
likely that the complainant risks detention and torture for this purpose on return.
9.
The Committee against Torture, acting under article 22, paragraph 7, of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes
that the removal of the complainant to Bangladesh would not constitute a breach by the State
party of article 3 of the Convention.
[Adopted in English, French, Russian and Spanish, the English text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s
annual report to the General Assembly.]
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