CAT/C/34/D/226/2003
Page 10
persecution in Bangladesh and persecution for political reasons is of rare occurrence
at the grass-roots level. The State party further adds that Bangladesh is a party to the
Convention and since 2001 to the International Covenant on Civil and Political
Rights.
4.4
The State party recalls that its authorities apply the same criteria set out in
article 3 of the Convention to every asylum seeker. In the complainant’s case, the
Migration Board took its decision after conducting two comprehensive interviews
with the complainant. The State party considers that great weight must be attached to
the opinions of the Swedish immigration authorities. It contends that the
complainant’s return to Bangladesh would not be in violation of article 3 of the
Convention.
4.5
The State party considers that, even if it is considered established by medical
certificates that the complainant was subjected to torture in the past, it does not mean
that she has substantiated her claim that she will risk being tortured in the future if
return to Bangladesh. She claims that she risks torture as a consequence of her
membership in the Jatiya Party and because she is still wanted by the police.
However, in the elections of October 2001 the Jatiya Party won 14 seats in
Parliament. The former ruling party and the complainant’s persecutor, the Awami
League, lost power. Since the Awami League is no longer in government, there is no
reason for the complainant to fear persecution from the police. Furthermore, she has
not been in any leading position in the Jatiya Party. The complainant has not produced
any evidence in support of her assertion that she is still wanted by the police or that
she would still be in danger of persecution or torture if returned to Bangladesh.
4.6
The State party contends that even if there is still a risk of persecution from
the Awami League, this is a non-governmental entity and its acts cannot be attributed
to the Bangladeshi authorities. According to the Committee’s jurisprudence such
persecutions fall outside the scope of article 3 of the Convention. In addition, such
persecution would be localized and the complainant could therefore improve her
safety by moving within the country.