CAT/C/33/D/223/2002
Page 8
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.
4.20 Given the limited nature of the complainant’s alleged political activities and
the length of time that passed from the alleged instances of torture and from his
departure from the country, the State party questions whether the complainant today
would be a political figure of such importance to his former political opponents that
there can be substantial grounds for believing that he would be in danger of being
subjected to persecution, either directly by supporters of the BNP or any other party or
indirectly by the exercise of influence upon the police. Should such risk exist it
would, in view of the complainant’s purely local political role, be of a local character
and he could therefore secure his safety by moving within the country.
4.21 In view of the complainant’s submissions, the State party contends that he has
not substantiated his claim and that there are no substantial grounds for holding that
his expulsion would constitute a violation of article 3 of the Convention. Furthermore,
the claim lacks the substantiation that is necessary in order to render the complaint
compatible with article 22, and should therefore be declared inadmissible.
Comments by counsel
5.1
By submissions of 3 July 2003, 9 October 2003 and 23 April 2004, counsel
contends that because of his psychiatric problems, the complainant sometimes gave
different answers to the same questions and that such problems are the result of the
torture to which he was subjected. He also argues that the complaint meets the
admissibility requirements and recalls that torture is routinely practiced in
Bangladesh, as documented in well known NGO reports. He provides copy of a
medical certificate issued on 8 May 2003 indicating that the complainant suffers from
post-traumatic stress disorder, depression and has suicidal tendencies. Counsel further
alleges that the complainant’s wife also suffers from the same disorder and that she
was subjected to torture in Bangladesh because of the complainant’s political
activities.
5.2
Regarding the documents provided by the complainant in support of his claim
that there was an ongoing case against him before the Madaripur Magistrate Court,
the complainant still believes they are authentic. If they are not, he himself was a
victim of fraud.
Issues and proceedings before the Committee
6.1
Before considering any claims contained in a complaint, the Committee
against Torture must decide whether or not the complaint is admissible under article
22 of the Convention. In the present case the Committee has ascertained, as it is
required to do under article 22, paragraph 5 (a), of the Convention, that the same
matter has not been and is not being examined under another procedure of
international investigation or settlement, and that domestic remedies have been
exhausted, as acknowledged by the State Party. Furthermore, it notes the State Party’s
statement that the complaint should be declared inadmissible for lack of
substantiation. The Committee considers, however, that the State Party’s arguments