CAT/C/34/D/226/2003 Page 11 4.7 The State party also points out that the complainant was allegedly released by the police on 17 August 2000, and that she apparently made no effort to leave the country then. She was granted a visa on 22 August 2000. Even though she claims that she was hiding and wanted by the police, she could visit the Swedish Embassy in Dhaka on 28 August 2000, to have an entry visa stamped in her passport. These facts indicate that she might not have been in danger of being arrested even then. Moreover, although she claims having been forced to go into hiding in April 2000, she had no difficult in obtaining a passport for herself and her daughter in May 2000. Furthermore, she did not apply for asylum until almost two months after her arrival in Sweden. It is unlikely that a genuine asylum-seeker would wait for almost two months before approaching the Swedish authorities. Additionally, she has stated that her husband had been in hiding since January or April 2000, due to the persecution of the Awami League, and that she had not been able to contact him since then. Nevertheless, when she applied for a visa she gave the same address for her husband and for herself. 4.8 The State party concludes that the complainant neither produced sufficient evidence, nor do the circumstances invoked by her suffice to show that the alleged risk of torture fulfils the requirement of being foreseeable, real and personal. The State party, in response to a request for additional information from the Committee regarding the complainant’s political activities and the status and activities of the complainant’s husband, has informed the Committee that it does not have any knowledge and that it is not in a position to provide any information on this. 4.9 With regard to the alleged violation of articles 2 and 16, the State party maintains that the enforcement of the expulsion order cannot be considered an act of torture even if the complainant suffers from psychiatric problems and that she cannot be considered a victim of neither torture within the meaning of article 2, nor cruel, inhuman or degrading treatment within the meaning of article 16. Furthermore, the State party recalls the Committee’s jurisprudence on article 16, according to which, the aggravation of the author’s state of health possibly caused by his or her deportation would not amount to the type of cruel, inhuman or degrading treatment envisaged by article 16 of the Convention. The State party states that only if very exceptional circumstances exist and when compelling humanitarian considerations are

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