CAT/C/33/D/223/2002
Page 7
4.15 The State party acknowledges that the complainant has been diagnosed as
suffering from post traumatic stress disorder. However, the medical evidence he
provided does not demonstrate that his mental condition at the time of the second
interview was such that it may explain the unclear and contradictory nature of his
statements in respect of central aspects of his detention and torture. A distinction must
be made between the complainant’s medical condition at the time of the second
interview and his physical and mental condition as reported in the subsequent medical
certificates provided to the national authorities and the Committee. While at the time
of the second interview he complained that he was feeling unwell, the abovementioned certificates indicate that his medical condition during 2001 deteriorated
progressively. Such certificates, dated August, September and October 2001 and
August 2002, cannot be regarded as indicative of his medical condition at the time of
the second interview. Furthermore, it does not appear from the certificates that the
complainant, during his examination, made any reference to physical abuse at the
hands of BNP supporters, but mentioned simply having been tortured twice by the
police.
4.16 Regarding the complainant’s allegations that there was an ongoing case
against him for murder, the Swedish Embassy in Dhaka engaged a reliable lawyer to
look into the matter. This lawyer examined the documents in Bengali submitted by the
complainant and made inquiries with the Madaripur Magistrate Court. On verifying
the Court’s records, it was found that the case numbers indicated in the above
documents referred to three different sets of proceedings concerning different accused
individuals and different sections of the Penal Code. In none of the cases there was
any accused with the complainant’s name.
4.17 On two occasions the complainant submitted what purported to be copies of
certificates issued by a Mr. Sahajahan Khan, Member of Parliament in Bangladesh
and member of the central committee of the Jatiya Party. Following inquiries by the
Swedish Embassy in Dhaka it was found that there is no Member of Parliament for
the Jatiya Party by that name. There is a Member of Parliament for the Awami
League named Shajahan Khan who is active in the Madaripur District.
4.18 The State party also states that the information provided by the complainant
about his marital status is unclear. During the first interview with the Swedish
Immigration Board he asserted that he was not married. However, a separate case was
pending before the Aliens Appeals Board concerning a Bangladeshi woman who had
arrived in Sweden in September 2002 and applied for asylum. Before the Migration
Board, she claimed that her husband had disappeared three and a half years earlier and
that she did not know where he was. She later stated, before the Aliens Appeal Board,
having learned that her husband was residing in Sweden. In subsequent submissions
to the Board her counsel stated that she was married to the complainant and offered to
submit documentary evidence. To the State party’s knowledge, no such evidence has
yet been provided.
4.19 In view of the conclusions that may be drawn about the complainant’s general
credibility, the State party contends that while the medical evidence adduced may
indicate that he at some point in time was subjected to severe physical abuse, great
caution must be exercised in affording it probative value regarding the identity of the
perpetrators. A possible risk of being subjected to ill-treatment by a non-governmental