CAT/C/37/D/259/2004 page 7 possession of weapons was lodged in May 2000, he was detained from 5 May to 6 June 2000, he was released on bail in June 2000, and he was reported to the police for murder in June 2000. It also notes that the circumstances of the complainant’s defence are not clear and that he does not explain the contradictions noted by the CRA. The State party points out that the second lawyer is the same person as the notary confirming the authenticity of certain documentary evidence and that he submits different information according to his role. The State party recalls the Swiss authorities’ conclusion that the allegations of the existence of an outstanding criminal inquiry concerning the complainant are not credible. It affirms that, if these allegations were credible, in accordance with the Committee’s jurisprudence article 3 of the Convention would afford no protection to a complainant who simply alleged that he was afraid of being arrested on return to his country. 4.9 Lastly, although it in no way contests the existence of the after-effects suffered by the complainant, the State party endorses the CRA’s conclusions, considering that, in the light of the numerous contradictions relating to essential points in the complainant’s account, it is highly probable that these after-effects were not caused by acts of torture but were rather the consequences of an accident or fights. The State party concludes there is no indication of serious grounds for supposing that the author would be specifically and personally at risk of torture on his return to Bangladesh. Author’s comments 5.1 By a letter of 29 September 2005, the complainant reiterates that, contrary to the opinion of the State party, there is for him a personal, actual and serious risk of being subjected to torture if he is deported to Bangladesh. He explains that his purpose in describing in the communication the general human rights situation in Bangladesh was not in itself to establish a sufficient ground for concluding that he would be at risk of being tortured on his return to his country, but to clarify the context in which the events which put him personally at risk are situated. 5.2 The complainant emphasizes that the change of government after the 2001 election and its relevance to the assessment of the risk of political persecution do not apply to his situation. He thus points out that he worked for the “Ershad” faction within the JP, which is still in opposition to the current Government, and consequently its members are still liable to arrest by the police and torture. He says that this fact has been confirmed by the Committee in its decision of 21 May 2005.6 Furthermore, he claims that he is still wanted by the police and that, despite the fact that he left the country five years ago, his children and brothers are still being threatened by his opponents. He adds that his brother, who had been looking after his children, has received such serious threats that he has had to flee and leave the children in the custody of an uncle, and that there has been no news of him since. He maintains that his uncle is in turn under threat and that the police have refused to protect his family because they are still looking for him. He encloses a letter from his uncle confirming his statements. He recalls that the State party has not contested his political activities and that, contrary to the State party’s claims, he does not maintain that he is simply afraid of being arrested on his return, but has serious grounds for believing that he would be tortured. 5.3 The complainant recalls that he is wanted for murder and that, consequently, he would be arrested and imprisoned as soon as he arrived in Bangladesh since he fled after he had been