CAT/C/34/D/220/2002
Page 4
2.6 The following medical information was provided referring to the conclusions of
several Swedish doctors. Dr Edston concluded that the complainant had been
subjected to the following torture: hit with blunt instruments; stabbed with a
screwdriver and a police truncheon; burned with cigarettes, a heated screwdriver and
possibly a branding iron; beaten systematically on the soles of his feet; attempted
suffocation by introducing hot water into his nose; “rolling” of the legs with bamboo
rods; sexual violence including rape. He found that the complainant had suffered
permanent physical damage in the form of pain in his left knee, reduction of mobility
in his right shoulder, functional reduction in his left hand, and pain when defecating.
Dr Soendergaard found that there was no doubt that the complainant suffered from
Post Traumatic Stress Disorder. Dr. Hemingstam, a psychiatrist, stated that his
symptoms were characterized by: difficulties to concentrate; lack of appetite; feelings
of agony; restlessness; nightmares; and hallucinations with impulses to commit
suicide. She concluded that there is a great risk of the complainant committing suicide
if he were subjected to pressure and if his losses his supportive and nursing contacts.
According to a certificate from the Fittja Clinic, the complainant feels confused,
“disappears” and is difficult to reach during the meetings, and that he has flashbacks
of the torture to which he was subjected. A further psychiatrist, Dr Eriksson,
confirmed that the complainant was admitted to hospital in May 2001 because of a
risk of suicide. She confirmed that he was deeply depressed with a risk of suicide.
2.7 On 4 March 2002, the Aliens Appeals Board, although acknowledging that the
scars could have been the result of beatings inflicted by his political opponents, found
after consideration of the case as a whole that it was not probable that he was a
refugee. It cited the fact that the information about the torture to which the
complainant had been subjected had not been disclosed prior to the Aliens Appeal
Board, as one of the reasons for questioning the complainant’s claims.1
2.8 In May 2002, another application for a residence permit was submitted, together
with further medical information. In two new medical reports of 2 and 9 April 2002,
the doctors criticized the Aliens Appeal Board decision and, as an explanation for the
provision of information on torture at a late stage in the proceedings, suggested that
the support the complainant had been receiving from his psychiatrist had given him
the confidence to talk openly about his torture. On 5 July 2002, the Appeals Board
refused his appeal on the grounds that the new evidence provided did not demonstrate
that he was a person in need of protection.
2.9 The complainant invokes reports by Amnesty International and the US
Department of State2 which he claims support the conclusion that police torture of
political opponents to extract information and to intimate is often instigated and
supported by the executive.
The complaint:
3.1 It is claimed that the complainant’s forced repatriation to Bangladesh would
violate his rights under article 3 of the Convention, as there are substantial grounds for
1
No further information is provided on the reasoning of the Aliens Appeal Board.
Amnesty International: International Report 2002 and the U.S. Department of State (Bangladesh:
Torture and Impunity (ASA 13/01/2000). Amnesty International Press Release: Bangladesh: Politically
Motivated Detention of Opponents Must Stop (ASA 13/012/2002, issued 6 September 2002).
2