CAT/C/35/D/235/2003
Page 10
only be able to obtain such evidence once arrested. The current status of the charges
against him remains in any event unclear, since, according to the State party, the
relevant legislation has been repealed. While the complainant notes that no amnesty
has been issued in relation to offences under the legislation, such an amnesty would
ordinarily only apply to a conviction, rather than to criminal charges – the Committee
also considers that the complainant has not been able to substantiate his claims that
the prosecution of charges fired 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legislation has been repealed.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 imprisonment on return.
6.9
In the circumstances, the Committee concludes that the expulsion of the
complainant to Bangladesh would not violate the State party’s obligations under
article 3 of the Convention.
7. 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 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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