CAT/C/33/D/223/2002
Page 6
ground that the applicant was in need of protection having regard to the risk of torture
and other ill-treatment in the event of expulsion. The Swedish authorities have
therefore significant experience in assessing claims from asylum seekers from
Bangladesh, and considerable weight must be attached to their opinions.
4.12 The State party draws the Committee’s attention to the contradictory nature of
the statements made by the complainant during the interview and those subsequently
made by counsel on his behalf. It questions whether the latter may be considered to
represent an accurate description of the account provided by the complainant during
the interview. In any event, there can be no doubt that it is the statements made
directly by the complainant to the officers of the Migration Board during the two
interviews that offer the best material by which to determine the veracity of his
claims.
4.13 The State party observes that in the two interviews, the complainant provided
contradictory information about two central elements of his account: (i) the identity of
the political group(s) responsible for the alleged false murder allegation made against
him,1 and (ii) whether the allegation made against him and resulting in his arrest and
torture occurred quite shortly before his departure or, alternatively, four to five years
earlier. Moreover, statements made by the complainant on these matters in the course
of the second interview, as well as his different statements during this interview on the
number of arrests and detentions to which he claimed to have been subjected, were
difficult to reconcile with the information contained in the supplementary written
observations submitted later by counsel on his behalf. While the Committee in its case
law has emphasized that complete accuracy cannot be expected from victims of
torture, the contradictions contained in the complainant’s statements to the Swedish
authorities are of a nature to raise serious doubts as to the general credibility of his
claims.
4.14 It should also be observed that, during the first interview, the complainant
made no mention of ever having been subjected to deprivations of liberty by
supporters of the BNP, nor of having been subjected to torture by the police or the
BNP. Furthermore, whereas he stated, during the second interview, that he never
reported the harassment to the police as he knew that he would receive no assistance
from them, counsel’s subsequent submissions indicate that both the complainant and
the Jatiya party reported the incidents to the police but that no action was taken
against those involved. Repeatedly asked about his activities in support of the party,
the complainant only at the very end of the first interview stated that the reason why
he was a subject of interest to the supporters of the BNP was that he had been in
charge of activities such as building roads in his community, a role very different
from his other alleged tasks (preparing party meetings, handing out leaflets etc.).
However, when asked, he was unable to recall the date when he first undertook this
task. Furthermore, the complainant’s marital status remains uncertain, as the
information he provided contains clear discrepancies.
1
During the first interview the complainant stated that he had been arrested by the police after being
falsely accused of murder by « two or three opposition parties », specifically the BNP and the Awami
League. In the second interview he stated that he had never had any difficulty with the Awami League
and that supporters of the BNP had made a false charge against him.