CAT/C/37/D/227/2003 Page 8 Acts of torture are seldom investigated, and the police, whose members are allegedly utilized by the Government for political purposes, are reluctant to pursue investigations against persons affiliated with the ruling party. The higher courts are by and large independent and rule against the Government in high profile cases. Persons are occasionally tried in absentia by the courts, although this is rarely done. The Public Safety Act was also repealed by the Government in April 2001. 4.7 In 2002, members of the State party's Aliens Appeals Board visited Bangladesh, meeting with members of Parliament and the Executive, representatives of local embassies and international organizations, and, according to the classified report from this tour, found no institutional persecution. While "high profile" persons may be arrested and harassed by the police, political persecution is rare at the grass roots level. Leading politicians may be subjected to false accusations for murder, subversive activities and possessing weapons. The State party adds that as of 1998 Bangladesh is a party to the Convention against Torture and, since 2001, to the International Covenant on Civil and Political Rights. 4.8 Turning to the real, personal and foreseeable risk of torture which the complainant is required to face under article 3 in the event of a return, the State party points out that its authorities explicitly applied the relevant Convention provisions. In addition, the competent authorities are in an advantageous position in assessing applications, particularly in the light of the experience gained in granting 629 cases on article 3 grounds in 1'427 cases from Bangladesh over a 10-year period. Accordingly, weight should be given to the decisions of the Immigration and Aliens Appeals Boards, whose reasoning the State party adopts. 4.9 The State party submits that the complainant in this case bases his claim on a presumption that he risks being tortured upon return to Bangladesh as a consequence of his membership in the BFP and because of the accusations against him under the Public Safety Act, now repealed. Given that the Bangladeshi political context has significantly changed by virtue of the 2001 electoral defeat of the Awami League government, the complainant’s alleged persecutor, there would appear no reason for the complainant to fear persecution from the police, let alone a danger of being subjected to torture. 4.10 In addition, the State party observes that the complainant had not held any leading position within the party, while as stated in the report of the Aliens Appeals Board (paragraph 4.7 above), party members at grass-root level are rarely persecuted by the authorities. Even if the complainant may have been subjected to torture in the past, it has not been shown that he is still wanted by the police today, nor that he would still be in danger of being persecuted if he returned to Bangladesh now. 4.11 The State party notes that if there is a current risk of persecution from the Awami League, this is a wholly non-governmental entity and the acts of the Awami League cannot be attributable to the authorities. According to the jurisprudence of the Committee, such persecution falls outside the scope of article 3 of the Convention. 4 In addition, this persecution would be of a local character and the complainant could therefore secure his safety by moving within the country. 4 Reference is made to G.R.B. v Sweden, Communication No 83/1997, Views adopted on 15 May 1998, para 6.5.

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