CAT/C/34/D/226/2003
Page 14
5.7
The complainant , 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 she has not been able
to be politically active in Sweden, because the Jatiya Party does not any longer have
any active organization there. Nor has she been able to be active in Bangladesh.
However, Bangladeshi authorities are still interested in her. The complainant has
been in contact with her parents. They have told her that four policemen in civilian
clothes came to their home in September 2004, asking about her whereabouts and that
of her husband. When they received a negative answer from Ms. T. A.’s relatives,
they searched their home looking for them. Ms. T. A.’s parents have also stated that
the police search Ms. T. A. at regular intervals.
Issues and proceedings before the Committee:
6.1
Before 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. 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 further notes that domestic remedies have been exhausted, as
acknowledged by the State party, and that the complainant has sufficiently elaborated
the facts and the basis of the claim for the purposes of admissibility. Accordingly, the
Committee considers the complaint admissible and proceeds to its consideration of the
merits.
7.1
The first 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.
7.2
The Committee must evaluate whether there are substantial grounds for
believing that the complainant would be personally in danger of being subjected to