CAT/C/37/D/259/2004
page 6
4.4
As to the risk of the complainant being arrested because of any criminal charges against
him and his allegation that he would inevitably be subjected to torture while in prison, the State
party refers to the Committee’s consistent jurisprudence whereby the fact that torture is practised
in places of detention does not, as such, warrant the conclusion that there has been a violation of
article 3 if the complainant has not demonstrated that he personally is at risk of being tortured.4
The State party considers that the situation in Bangladesh as described by the complainant does
not in itself constitute sufficient grounds for concluding that he would be at risk of being
subjected to torture on his return to that country.5
4.5
The State party recalls the Committee’s jurisprudence whereby the torture or ill-treatment
suffered by the complainant in the past constitutes one of the elements that must be taken into
account in assessing the risk of the complainant being subjected to torture or ill-treatment in the
event of return to his country. The State party notes that the Swiss authorities have not, at any
stage of the proceedings, contested the serious physical and psychological disorders from which
the complainant is suffering and which he has substantiated by means of medical certificates.
They nevertheless considered that those disorders are related to causes other than those adduced,
since the author’s allegations concerning ill-treatment during his supposed detention in May and
June 2000 in Dhaka central prison are not credible. The State party adds that, even if the
complainant’s allegations were credible, he does not adduce any fact to justify a conclusion that
he would still be at risk of being tortured in the event of his return.
4.6
The State party is not unaware of the existence of strong rivalries between the leaders of
the two dominant political parties, namely the AL and the Bangladesh National Party (currently
supported, inter alia, by the JP). It notes that the Swiss authorities have not questioned the
complainant’s membership of the JP or his activities within that party. It nevertheless considers
that he is not at risk of being subjected to treatment contrary to article 3 of the Convention
because of his political activities. Furthermore, it notes that he has not adduced any argument
based on political activities he may have undertaken outside his State of origin.
4.7
The State party draws attention to the numerous inconsistencies in the complainant’s
account, inconsistencies which were mentioned in the CRA’s decision. It points out that the
complainant does not explain to what extent his alleged arrests in 1991, 1993 and 1995 would
still be relevant today in exposing him to a risk of torture. Similarly, no explanation is given as
to why the complainant would be at particular risk of being persecuted when he is a member of a
legal political party which participated in the elections and is represented in the Government.
The State party adds that the complainant provides no information that might cast doubt on the
results of the investigations made by the Swiss Embassy in Dhaka. In its view, the fact that a
notary has confirmed the authenticity of the documents submitted cannot be considered as
decisive, especially since the complainant does not clarify the contradictions between his
allegations concerning the events of June 2000 and the police report; according to the latter, a
police officer lodged the criminal complaint whereas the complainant claims that it was E.S. who
lodged the complaint.
4.8
The State party expresses surprise at the fact that the investigations conducted by the
Swiss Embassy in Dhaka did not yield any indication of possible criminal proceedings against
the complainant, even though, according to the complainant, a criminal complaint for illegal