CAT/C/37/D/227/2003 Page 7 4.3 The State party recalls the procedures governing asylum claims in Sweden. According to the Aliens Act, an alien is entitled to a residence permit in Sweden, inter alia, if he has left his country of nationality because of a well-founded fear of being sentenced to death or corporal punishment, or of being subjected to torture or other inhuman or degrading treatment or punishment. Under chapter 8, the national authorities have to consider the same matters when it comes to enforcing a decision to refuse entry or executing an expulsion decision. Even if a decision to refuse entry or an expulsion decision become enforceable after appeal, the alien may be granted a residence permit if he files a so-called new application to the Aliens Appeals Board. An expulsion order is enforced only where an alien has refused to abide by the relevant order voluntarily; coercive measures must be strictly limited to what is necessary and proportionate, and be implemented with due regard to humanitarian considerations as well as respect for personal dignity of the alien. An alien is entitled to a residence permit, inter alia, if he for humanitarian reasons should be allowed to settle in Sweden. Serious illness, both mental and physical, may in exceptional cases constitute humanitarian reasons for granting residence permit. 4.4 As to the facts of the complaint, the State party clarifies that at his interview by the Migration Board on 1 March 2001, he stated that he was politically active in Bangladesh and a member of the BFP. On account of his activities he had been persecuted by the police and the Awami League and been subjected to false accusations. In August 1997, he was arrested during a demonstration and was held in custody for ten days. During this time he was maltreated and tortured by the police being accused of possessing illegal weapons, of producing bombs and of subversive activities. A bribe was paid for his release. During the interview the complainant stated in details circumstances preceding an attack on him by the supporters of the Awami League on 9 January 1998, as well as his departure from Bangladesh. The complainant explained that a person who had his passport and who paid bribes to different persons at the airport escorted him to the airplane. 4.5 On 9 April 2001, the Migration Board rejected the complainant’s application for asylum and ordered his expulsion to the country of origin. The Migration Board did not find the complainant to be entitled to asylum, in need of protection or entitled to a residence permit for any other reasons. The complainant appealed the decision but the Aliens Appeals Board turned down the appeal on 24 July 2002. After the decision from the Aliens Appeals Board, the complainant went into hiding. He was discovered by the police in connection with a labour inspection on 4 February 2003 and taken into custody. 4.6 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 the early 1990’s, no systematic oppression of dissidents has been reported, and human rights groups are generally permitted to conduct their activities. The BNP returned to power (after holding power from 1991 to 1996 and being in opposition from 1996 to 2001) following elections on 1 October 2001 that were declared free and fair. Violence is however a pervasive element in political life, with supporters of different parties clashing with each other and with police during rallies and demonstrations. Although the Bangladesh Constitution prohibits torture and cruel, inhuman and degrading treatment, the police reportedly use torture, beatings and other forms of abuse while interrogating suspects.