1.1 The complainant is Mr. T.M., a Bangladeshi national born in 1973 and awaiting deportation from Sweden to Bangladesh at the time of submission of the complaint. He claims that his expulsion to Bangladesh would, in the circumstances, constitute a violation by Sweden of articles 2, 3 and 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. He is represented by counsel. The facts as presented by the author 2.1The complainant entered Sweden on 26 September 1999 and immediately applied for asylum. During an Immigration Board interview on the same day, he stated he had been become a member of the Bangladesh Freedom Party (hereafter “BFP”) in 1991, an allegedly illegal political party, and in 1994 started actively working for the party, including by organizing, and participating in, meetings and demonstrations. In 1997, upon release on bail three days after being arrested for illegal possession of weapons, he claimed to have gone into hiding for two years. As the political situation worsened, he paid a smuggler to arrange departure from Bangladesh. 2.2On 29 September 1999, the Immigration Board held a second interview with the complainant. He stated that from 1994 to 1997 he was joint secretary of the party in the Dhaka city party district. He claimed Government members harass and abuse party members, and that he too, as a known party figure, suffered harassment. He claimed to have been falsely accused of murder, possession of weapons and taking bribes in 1997. While he was under arrest, he claimed to have been tortured with kicks and truncheons, and he adds that he continues to suffer from a back injury as a result. The party arranged for his release on bail, whereupon he went into hiding outside Dhaka. He allegedly was unaware whether he had been convicted of the offences of which he had been accused. By subsequent written submissions and seeking to clarify “misunderstandings”, the complainant’s counsel observed that the party was legal but due to Government impediments of its activities, its activities were “underground”. Counsel stated that the bribe charges were in fact charges to the effect that the complainant had unlawfully extorted money, charges which had been brought by police upon pressure from the party then in Government, the Awami League. 2.3On 8 October 1999, the Immigration Board denied his application. The Board established a variety of credibility problems related to documentation, and that he had not established his identity. On the substance of the claim, it found that the BFP was legal in Bangladesh, and that the complainant had not engaged in any impermissible political activity. While aware of some politicallymotivated charges, the Board considered that the criminal justice system in Bangladesh provided sufficient guarantees for fair trial in respect of any criminal charges. The Board observed that the complainant had been released after 3 days in custody, had not been able to provide any documentary evidence supporting his allegations of charges against him and had provided very vague information as to any legal proceedings after his release. It thus concluded that the complainant had not shown reason to believe he was at risk of punishment for political reasons. 2.4The complainant appealed to the Aliens Appeals Board, submitting what he claimed were copies of four court documents sent by his Bangladeshi lawyer, and a statement by the latter dated 16 October 1999. According to the statement, a trial in absentia still proceeded against the complainant, in which the statement’s author had been appointed “lawyer of state defendant”. The statement also argued that the political situation in Bangladesh was critical, that the police were seeking to arrest the complainant, and that Awami League members were seeking to kill him. The complainant submitted a document, dated 14 October 1999, which was described as a BFP certificate from the “Office Secretary” of the party’s Central Executive Committee, stating that the complainant had been arrested and subjected to torture for three days, that his life was at risk and that he “may be killed by Govt. thugs if [he] returns home”. 2.5On 10 December 1999, the Aliens Appeals Board rejected the appeal, observing that affiliation to and support of the BFP, a legal party permitted to operate, did not constitute asylum grounds. Nor was the situation in Bangladesh such that persecution by private individuals supported by the authorities or where the latter, due to lack of will or ability, failed to take appropriate measures against such persecution. Concerning the false charges allegedly made, the Board considered that, based on its knowledge of the Bangladeshi judicial system, he would have his case determined in a legally acceptable manner. As to the allegation of abuse following arrest, the Board accepted that these kinds of acts were engaged in by police, but rejected that they were sanctioned by the Government or the authorities, raising any risk of persecution or abuse in the event of a return. Following the Appeals Board’s decision, the complainant went into hiding, where he remained until located and detained on 4 March 2003. 2.6On 20 December 2002, the complainant lodged a new application with the Aliens Appeals Board, arguing that during his detention in January 1997, he had been subjected to different forms of severe torture that resulted in physical and mental injuries. His family had allegedly been threatened by Awami League members after his departure. If he returned, he would be arrested, and given allegedly widespread torture during criminal investigations it was “very improbable” that he would be able to avoid such treatment. As a result of the torture allegedly suffered, he suffered from post-traumatic stress syndrome (PTSS), such that return would place him at “great risk” of taking his own life. He presented psychiatric certificates on his state of mental health as well as detailed forensic reports undertaken in Sweden, which assessed that the complainant had been subjected to torture in 1997. 2.7On 16 January 2003, the Board rejected the application, applying the standards of article 3 of the Convention and the Committee’s general comment on its implementation. It observed that the complainant had waited three years since the expulsion order became final before first complaining about acts of torture during his detention in 1997. Applying an appropriately low burden of proof, however, it found that the medical evidence supported a claim of torture. As to whether there was a current risk of torture, the Board found that in the light of the passage of six years, of the complainant’s inability to show he was still being sought by Bangladeshi authorities, and of the fall from power of the party allegedly persecuting him, there was no reason presently to fear such treatment. As to his health, the Board observed that he had at no previous point complained of the psychological problems suddenly alleged, nor had he shown that he had been in contact with any mental health care provider in Sweden. It thus concluded that his mental health status was primarily due to his unsettled life in Sweden resulting from his failure to comply with the expulsion order and continued illegal presence in the country.