CAT/C/33/D/223/2002
Page 9
raise only substantive issues which should be dealt with at the merits and not the
admissibility stage. Since the Committee sees no further obstacles to admissibility, it
declares the communication admissible and proceeds with the consideration of the
merits.
6.2
The issue before the Committee is whether the removal of the complainant to
Bangladesh would violate the State Party’s obligation under article 3 of the
Convention not to expel or return a person to another State where there are substantial
grounds for believing that he or she would be in danger of being subjected to torture.
6.3
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 Bangladesh. 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 in the return country. However, the Committee recalls its
constant jurisprudence 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 on 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 or her 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. Furthermore, the risk of torture must be
assessed on grounds that go beyond mere theory or suspicion but it does not have to
meet the test of being highly probable.
6.4
The Committee has noted the medical reports certifying that the complainant
suffers from post-traumatic stress disorder, as well as the doctors’ assessment that the
scars in his body are consistent with the acts of torture described by the complainant.
It also notes the State party’s doubts as to the identity of the perpetrators of such acts
as well as the reports about the use of torture in Bangladesh and the frequent incidents
of violence between supporters of different political parties.
6.5
Nevertheless, the complainant’s account of his experiences to the Swedish
authorities contained contradictions and lacked clarity on issues that are relevant to
assess his claim. The Swedish authorities made conclusions about the complainant’s
credibility which, in the Committee’s view, were reasonable and by no reckoning
arbitrary.
6.6
The Committee finds that the information submitted by the complainant,
including the local and low level nature of his political activities in Bangladesh, does
not contain evidence to support the claim that he will run a substantial risk of being
subjected to torture if he returns to Bangladesh.
7.
In the light of the above, the Committee against Torture, acting under article
22, paragraph 7 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, concludes that the decision of the State Party to