CAT/C/35/D/235/2003 Page 5 Bangladesh; however it considered that the general human rights situation in Bangladesh was not itself sufficient to place the complainant at risk of torture or other degrading treatment. On 6 March 2003, the Appeals Board upheld the decision of the Migration Board. 2.5 On 21 March 2003, the complainant filed a new application with the Migr ation Board, and presented detailed medical evidence corroborating the torture to which he had been subjected in Bangladesh, and that he suffered from post traumatic stress disorder. The complainant also invoked a report by the Swedish Foreign Office on Bangladesh dating from 2002, which confirmed that torture was widespread. Based on the above, he claimed to be at risk of torture if returned to Bangladesh. On 19 May 2003, the Migration Board rejected the application, finding that nothing had been submitted by the complainant which would cause it to review its earlier decision. The complaint: 3. The complainant claims that his deportation to Bangladesh would amount to a violation of article 3 of the Convention, on the basis that there are substantial reasons for believing that he would be subjected to torture or other inhuman treatment in Bangladesh. He states that, although the Awami League is no longer in power, the Freedom Party is also an ‘enemy’ of the current government, and that changes in the political situation since he left the country do not diminish the risk of mistreatment if returned to Bangladesh. The State party’s observations on admissibility and merits: 4.1 In its observations dated 21 November 2003, the State party objects to the admissibility of the claim and addresses the merits of the case. In relation to admissibility, it submits that the complainant has failed to establish a prima facie case of a violation of article 3. 4.2. The State party recalls the procedures governing asylum claims in Sweden. Under Chapter 3 of the Aliens Act, an alien is entitled to a residence permit in Sweden if he left his country of nationality because of a well- founded fear of being subjected to torture or other inhuman or degrading treatment or punishment. Chapter 8 prohibits the expulsion of such persons. A residence permit may also be issued to an alien for humanitarian reasons. Aliens cannot be refused asylum until the Migration Board has heard the application. The decision of the Migration Board can be appealed to the Aliens Appeals Board. 4.3 In relation to the complainant, the State party notes that he was interviewed for a first time on the day of his arrival in Sweden. He stated that he had been a member of the Freedom Party since 1990, and, due to his political activities, was arrested in 1996 when the Awami League came to power. He had been arrested and tortured on two occasions, in August 1996 and March 1999. In February 2000, he had been falsely accused of disturbing public order, and following the issue of an order for his arrest, he fled to Sweden with the help of a smuggler. At his second interview on 23 November 2001, he added a number of details about his political activities and his experiences in Bangladesh, including that he had been falsely accused and charged with illegal possession of weapons under the Public Safety Act.