CAT/C/34/D/220/2002
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the Convention that the same matter has not been, and is not being examined under
another procedure of international investigation or settlement.
7.2 Concerning the claim under article 16 relating to the complainant’s expulsion in
light of his mental health, the Committee recalls its prior jurisprudence that the
aggravation of the condition of an individual’s physical or mental health by virtue of a
deportation is generally insufficient, in the absence of additional factors, to amount to
degrading treatment in violation of article 16. 8 The Committee notes the medical
evidence presented by the complainant demonstrating that he suffers from severe
post-traumatic stress syndrome, most probably as the consequences of the torture
suffered by him in 1997. The Committee considers, however, that the aggravation of
the complainant’s state of health which might be caused by his deportation is in itself
insufficient to substantiate this claim, which is accordingly considered inadmissible.9
7.3 As to the claim under article 3 concerning torture, the Committee considers,
particularly in light of the complainant’s account of his previous torture, that he has
substantiated this claim, for purposes of admissibility. In the absence of any further
obstacles to the admissibility of this claim, the Committee accordingly proceeds with
its consideration on the merits.
Consideration on the merits
8.1 The issue before the Committee is whether the removal of the complainant to
Bangladesh would violate the State party’s obligation, under article 3 of the
Convention, not to expel or to return a person to another State where there are
substantial grounds for believing that he or she would be in danger of being subjected
to torture.
8.2 The Committee must evaluate whether there are substantial grounds for believing
that the complainant would be personally in danger of being subjected to torture upon
return to Bangladesh. In assessing this risk, the Committee must take into account all
relevant considerations, including the existence in the State concerned of a consistent
pattern of gross, flagrant or mass violations of human rights. The aim, however, is to
determine whether the individual concerned would personally risk torture in the
country to which he or she would return. It follows that 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.
8.3 The Committee observes that the State party has not contested the complainant’s
claim that he was tortured and notes that the Aliens Appeal Board was of the view
that the complainant’s political opponents may have been responsible for this torture.
However, the Committee notes that seven years have passed since the torture took
8
Case No. 83/1997, Decision adopted on 15 May 1998, Case No. 49/1996, Decision on 15 May 2001,
and Case No. 228/2003, Decision adopted on 18 November 2003.