CAT/C/37/D/259/2004
page 10
asserts that the complainant has nothing to fear from the political groups currently in power since
he is a member of one of the coalition parties. While taking note of the complainant’s
explanation that he is a member of a faction of the Jatiya Party opposed to the faction currently
in the Government, the Committee does not consider that this in itself would warrant the
conclusion that the complainant is at risk of being persecuted and tortured by supporters of the
Jatiya Party faction currently in the Government or the Bangladesh National Party.
6.7
Lastly, regarding the complainant’s allegation that he risks being arrested because of the
criminal proceedings against him and that in prison he would inevitably be subjected to torture,
the Committee notes that the fact that torture is practised in places of detention does not, in itself,
warrant the conclusion that there would be a violation of article 3, given that the complainant has
not shown that he is personally at risk of being subjected to torture. The Committee recalls that,
in conformity with its general comment No. 1, the burden is on the complainant to present a
convincing case, to establish that he would be in danger of being tortured and that the grounds
for so believing are substantial in the way described, and that such danger is personal and
present. In the present case, the Committee takes note of the State party’s argument that, on
investigation, its embassy in Dhaka found no trace of criminal proceedings pending against the
complainant. The Committee also considers that the complainant has not sufficiently
substantiated his allegations that there are two criminal proceedings pending against him. In any
event, it is inappropriate to refer to the possibility of arrest on his return to Bangladesh for
ordinary offences with which he is charged. The Committee further considers that the
complainant has failed to indicate the reasons for which he reportedly tried to lodge a complaint
with the Bangladesh authorities and was forced to leave the country.
6.8
In view of the foregoing, the Committee considers that the complainant has not
demonstrated the existence of substantial grounds for believing that his return to Bangladesh
would expose him to a real, specific and personal risk of torture, as required under article 3 of
the Convention.
6.9
Consequently, the Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, is
of the view that the return of the complainant to Bangladesh would not constitute a breach of
article 3 of the Convention by the State party.
[Done in English, French, Russian and Spanish, the French 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.]