CAT/C/31/D/228/2003
Page 6
sense, the article is inapplicable. Moreover, for the reasons developed below, this
claim is also insufficiently substantiated, for purposes of admissibility.
4.3
On the merits, the State party argues that, in the light of the general human
rights situation in Bangladesh and the evidence advanced, the complainant failed to
make out a personal and substantial risk of torture, as defined in article 1, which
would render his expulsion contrary to article 3. As to the general situation, the State
party concedes that it is problematic, but points to progressive improvement over a
longer term. Following the introduction of democratic rule in 1991, no systematic
oppression of dissidents has been reported, and human rights groups are generally
permitted to conduct their activities. The Bangladesh National Party (BNP) returned
to power (after holding power from 1991 to 1996 and being in opposition from 1996
to 2001, to the Awami League) following elections on 1 October 2001 declared free
and fair. Violence is however a pervasive element in political life, with supporters of
different parties clashing at rallies and police reportedly often engaging in arbitrary
arrest and abuse during interrogations. Acts of torture are seldom investigated, and the
police, whose members are allegedly utilized by the Government for political
purposes, are reluctant to pursue investigations against persons affiliated with
Government. While lower courts are susceptible to executive pressure, higher courts
are by and large independent and rule against the Government in high profile cases.
Persons are occasionally tried in absentia, though no right of retrial exists if the person
returns.
4.4
In 2002, members of the State party’s Aliens Appeals Board visited
Bangladesh, meeting with advocates, members of Parliament and the Executive,
representatives of local embassies and international organizations, and found no
institutional persecution. While “high profile” persons may be arrested and harassed
by the police, political persecution is rare at the grass roots level. Court cases based on
false accusations are common, but directed primarily against senior party officials.
Harassment can be avoided by internal relocation within the country. The State party
points out Bangladesh is a party to the Convention and, since 2001, to the
International Covenant on Civil and Political Rights.
4.5
Turning to the real, personal and foreseeable risk of torture which the
complainant is required to face under article 3 in the event of a return, the State party
points out that its authorities explicitly applied the relevant Convention provisions. In
addition, the competent authorities are in an advantageous position in assessing
applications, particularly in the light of the experience gained in granting 629 cases on
article 3 grounds in 1’427 cases from Bangladesh over a 10-year period. Accordingly,
weight should be given to the decisions of the Immigration and Aliens Appeals
Boards, whose reasoning the State party adopts. The State party emphasizes, with
reference to the Committee’s jurisprudence, that past torture is not sufficient, of itself,
to determine a risk of future torture contrary to article 3.
4.6
The State party observes that, on the complainant’s own account, false charges
were lodged and police abuses committed against him on account of strong
governmental pressure. The alleged torture took place over six years ago, and the
complainant has been politically inactive since January 1997. Given that the
Bangladeshi political context has significantly changed since the complainant’s arrival
in Sweden, notably by virtue of the defeat of the Awami League government in the