4.12Secondly, while the complainant initially mentioned three instances on which he had been subjected to torture, he mentioned a
fourth occasion which should have occurred in 1992, in connection with a medical examination. On this fourth occasion, however, the
complainant actually was residing in Sweden.
4.13Thirdly, the complainant provided diverging information about his life in Bangladesh after his return from Sweden in 1995. While
according to the record from the medical centre in Rågsved of 11 January 2000, the complainant states that he was imprisoned for
six months upon return to Bangladesh in 1995 and otherwise living on the run, the record from the psychiatric clinic shows that he had
been working as an assistant in a shop for four years, between 1995 and 1999. The allegation of a six months’ imprisonment
otherwise does not appear anywhere else in the information submitted by the complainant to the Swedish authorities.
4.14The State party concludes that the complainant has not substantiated his claim that there are substantial grounds for believing that
he would be in danger of being tortured if returned to Bangladesh, and that an enforcement of the expulsion order would therefore not
constitute a violation of article 3 of the Convention.
The complainant and the State party’s further comments
5.1On 23 April 2004, counsel submitted comments to the State party’s submission. He reiterates the complainant’s previous
arguments, and adds that the complainant claims that he is still active in the Shanti Bahini, and that he is therefore wanted by the
Bangladeshi police and authorities.
5.2By note verbale of 29 April 2004, the State party disputes that the complainant can invoke his membership with the Shanti Bahini
organization as a new circumstance. First, this new circumstance should be disregarded because the complainant has not referred to it
previously in his complaint to the Committee, although he must have had the possibility to do so. Second, the late submission of the
new circumstance gives reason to question the veracity of the complainant’s statement in this regard. Third, the complainant has
submitted no evidence to support his claim, and fourth, the State party has information about a peace accord between the
Shanti Bahini and the Bangladeshi Government signed on 2 December 1997, and that the Shanti Bahini was formally abolished in
1999. Thus, the complainant has not substantiated his claim that the alleged membership in Shanti Bahini would imply that he would
be exposed to a risk of torture if expelled to Bangladesh.
Issues and proceedings before the Committee
Consideration of admissibility
6.1Before considering any claims contained in a complaint, the Committee against Torture must decide whether or not it is admissible
under article 22 of the Convention. In this respect 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 examined under another procedure of international
investigation or settlement. The Committee also notes that the State party does not contest the exhaustion of domestic remedies,
although it submits that, in the circumstances, a complainant may lodge a new request for a residence permit with the Aliens Appeals
Board at any time and that such a request must be considered by the Board provided that new circumstances are adduced that could
call for a different decision. The Committee considers that the complainant, by bringing his claim before the highest appellate body in
Sweden under domestic legislation, has exhausted available and effective domestic remedies. As the Committee sees no further
obstacles to admissibility, it declares the complaint admissible and proceeds to a consideration of the merits.
Consideration of the merits
6.2The Committee must decide whether the forced return of the complainant to Bangladesh would violate the State party’s
obligation, under article 3, paragraph 1, of the Convention, not to expel or return (refouler) an individual to another State where
there are substantial grounds for believing that he would be in danger of being subjected to torture. It follows that, in conformity with
the Committee’s jurisprudence and despite the allegations of the complainant in regard to the situation in Bangladesh as per paragraph
3, the existence of a consistent pattern of gross, flagrant or mass violations of human rights in a country does not as such constitute
sufficient grounds for determining whether the particular person would be in danger of being subjected to torture upon his return to
that country; additional grounds must be adduced to show that the individual concerned would be personally at risk. Conversely, the
absence of a consistent pattern of gross violations of human rights does not mean that a person cannot be considered to be in danger
of being subjected to torture in his or her specific circumstances.
6.3The Committee takes note of the information received from the complainant about the general human rights situation in
Bangladesh, in particular recurrent incidents of police violence against prisoners and political opponents. The Committee notes that
the State party, while agreeing that there are repeated reports of police torture, nevertheless considers that the judiciary displays a
significant degree of independence.
6.4The Committee observes that the main reason the complainant fears a personal risk of torture if returned to Bangladesh is that he
was previously subjected to torture for his membership in Shanty Bahini and in the opposition party BNP, and that he risks being
imprisoned upon his return to Bangladesh pursuant to his alleged sentence to life imprisonment.
6.5The Committee also notes that the grounds for which the complainant was previously tortured no longer exist, since he was first
tortured in 1990 for belonging to an organization (the Shanti Bahini) but he has not submitted evidence to substantiate that he still
belongs to that organization, and later on for participating in the activities of the BNP, which was then in opposition and is now the
ruling party in Bangladesh. This fact has added importance in the case since the events that allegedly prompted his departure from
Bangladesh were directly related to his activities in support of that party. Furthermore, although reports of human rights violations in
Bangladesh still refer to a widespread practice of ill-treatment of prisoners by the police, the complainant has not submitted
information or arguments to substantiate that he personally risks such treatment if he were to be imprisoned upon return to
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