CAT/C/34/D/226/2003
Page 7
2.10
The Aliens Appeals Board denied the new applications on the basis that the
evidence presented, as well as an assessment of the personal situation of the
complainant as a whole, were insufficient to justify the issuance of residence permits.
Regarding the complainant’s daughter, the Board concluded that she had a network in
Bangladesh consisting of her father, her maternal great parents and her mother’s
siblings, that the complainant and her daughter had been in Sweden only for two
years, and that it was for the best interest of the child to return to a well-known
environment and that her need for treatment would be best satisfied in such
environment.
2.11
On 17 December 2002, a new application for humanitarian residence permits
was filed. The new evidence consisted of reports from experts who had been in
contact with the complainant and her daughter, as well as a report from the family unit
of the social security authority in Rinkeby to Bromstergarden, an institution entrusted
with the task of evaluating the needs of the child, the ability of the mother to take care
of the child, and to focus on the questions of reuniting the mother and the child and to
conduct supporting meetings. According to this evidence, the complainant’s mental
health was so bad that she could no longer connect with her daughter. This state of
alienation not only had prevented her from giving her daughter the support she needed
but also had seriously threatened her daughter’s mental balance. Furthermore, one
report concluded that the complainant had decided to take her own life and that of her
daughter if she were forced to return to Bangladesh. Both the complainant and her
daughter were in need of a continuous psychotherapeutic contact.
The complaint:
3.1
The complainant contends that there are substantial grounds for believing that
she would be subjected to torture if forced to return to Bangladesh. She contends that
the criteria established in article 3 of the Convention have been fulfilled. Neither the
Migration Board nor the Aliens Appeals Board in any way questioned her statements
about her political activities, the arrests by the police, the fact that these arrests were
motivated by her political activities, the torture and the rape, or her information that