CAT/C/31/D/228/2003
Page 9
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
torture upon return to Sweden. In assessing the risk, the Committee must take into
account all relevant considerations, pursuant to article 3, paragraph 2, of the
Convention, including the existence of a consistent pattern of gross, flagrant or mass
violations of human rights. However, the Committee recalls that the aim of such
determination is to establish whether the individual concerned would be personally at
risk of being subjected to torture in the country to which he would return. It follows
that the existence of a consistent pattern of gross, flagrant or mass violations of human
rights in a country does not as such constitute a sufficient ground for determining that
a particular person would be in danger of being subjected to torture upon his return to
that country; additional grounds must exist to show that the individual concerned
would be personally at risk. Similarly, the absence of a consistent pattern of gross
violations of human rights does not mean that a person cannot be considered to be in
danger of being subjected to torture in his or her specific circumstances.
7.3
In the present case, the Committee observes that the Aliens Appeals Board
accepted the complainant’s (belated) contention that he had been subjected to torture
in January 1997. The Committee notes, however, that the complainant’s case was
based on the contention that, as a political activist for the BFP, false charges were
brought against him, and that he suffered abuse at the hands of the police, as a result
of political pressure from the government authorities then in power. The Committee
notes that this practice has been documented by several sources. In the light of the six
years that have passed since the alleged torture took place, however, and, more
pertinently, given that the complainant’s political party now participates in
government in Bangladesh, the Committee considers that the complainant has failed
to show that substantial grounds existed, at the time of his removal, that he was at a
real and personal risk of being subjected to torture.
8.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, considers that the complainant has not substantiated his claim that he
would be subjected to torture upon return to Bangladesh and therefore concludes that
the complainant’s removal to that country did not constitute a breach by the State
party of article 3 of the Convention.
[Adopted in English, French, Spanish and Russian, the English text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the
Committee's annual report to the General Assembly.]
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