CAT/C/34/D/221/2002 Page 8 4.5 While the jurisprudence in respect of article 3 requires that the complainant faces a foreseeable, real and personal risk of being tortured in the country to which he is returned, the Swedish authorities apply the same kind of test as that under article 3 when considering an application for asylum under the Aliens Act. The State party submits that the domestic authorities are in a strong position to assess claims from Bangladeshi asylum seekers, since Sweden received 1.427 such requests between 1990 and 2000, and residence permits were granted in 629 cases. 4.6 In relation to the complainant’s allegation that he risks being ill-treated by political opponents upon return to Bangladesh, the State party submits that the risk of being subjected to ill-treatment by a non-governmental entity or by private individuals, without the consent or acquiescence of the government of the receiving country, falls outside the scope of article 3 of the Convention. 4.7 As regards the complainant’s claim that he risks being tortured by the police, the State party notes that he was allegedly arrested and tortured by police on instructions from the then ruling party, the Awami League, because of his political activities for the Jatiya party, and that false accusations from that party resulted in the criminal trial which is still pending against him. However, in October 2001, the Awami League was replaced by a government coalition consisting of the BNP and three smaller parties, among them a fraction of the Jatiya party. Since the Awami League is currently in opposition, the risk of being exposed to harassment by the authorities instigated by that party should have been seriously reduced. 4.8 As regards the BNP supporters’ alleged ill-treatment of the complainant in 1995, the State party submits that there is nothing to indicate that the Bangladeshi authorities had anything to do with it at all, or that the complainant has anything to fear from the parties currenty in power. 4.9 The State party notes that the complainant has not submitted any concrete evidence of his membership in and activities for the Jatiya party. From what he told the Swedish immigration authorities, he did not hold a leading position within the party. An eventual risk of harassment on account of his political activities would

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