CAT/C/35/D/235/2003 Page 8 that torture has been widespread in the country 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 and submits that it is generally such people who are more vulnerable to persecution than leading opposition figures, who are more closely followed by the media, resulting in a certain level of protection. 5.2 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. He argues 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 argues that in his own case, no fundamental changes have taken place. Those who work for the Freedom Party are still in opposition to the present government, and political opponents continue to be subjected to arrest and torture in Bangladesh. The Freedom party is considered a ‘political enemy’ by the current government. 5.3 The complainant recalls that, following his release from custody in 1999, he continued his political activities out of conviction, despite the dangers and not because there was no danger, as suggested by the State party. He argues that it is not possible to obtain documents substantiating charges under the Public Safety Act until one is actually arrested, and that, although the Act has been repealed, no amnesty has been granted to persons charged under the Act. The complainant notes that in October 2003, he spoke with his mother, who told him that the police had come to look for him, and that they had not believed her when she told them he now lived abroad. This demonstrates that he remains the subject of interest to the authorities. Finally, the complainant submits that the risk of being detained in connection with pending charges, combined with the widespread phenomenon of torture in detention in Bangladesh, and the fact that the complainant has been tortured in the past, together justify the conclusion that he faces a real and personal risk of torture if returned to Bangladesh. Issues before the Committee: 6.1 Before considering any claims contained in a communication, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 5(a), of the Convention, that the same matter has not been and is not being considered under another procedure of international investigation or settlement. The Committee notes that the exhaustion of domestic remedies was not contested by the State party in its initial submission. 6.2 The State party objects to admissibility on the grounds that the complainant has not established a prima facie case of a violation. However, the Committee considers that the complainant has provided sufficient information in substantiation of his claim to warrant consideration on the merits. As the Committee sees no further obstacles to the admissibility of the communication in this regard, it proceeds to its consideration on the merits.