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