CAT/C/32/D/196/2002
Page 3
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee
transmitted the complaint to the State party on 7 January 2002. Pursuant to
rule 108, paragraph 9 of the Committee's rules of procedure rev. 3, the State
party was requested not to expel the complainant to Bangladesh pending the
consideration of his case by the Committee. On 12 February 2002, the State
party informed the Committee that it had decided to stay the enforcement of
the decision to expel the petitioner to Bangladesh.
The facts as submitted by the complainant:
2.1
The complainant belongs to a minority in Bangladesh and lobbied for their
rights through a political organization, the Shanti Bahini. During a meeting of
the Shanti Bahini in November 1989, in which the claimant participated, the
army attacked, and several of the participants were injured or killed. On 7 May
1990, the police arrested the claimant and detained him for six days. During
police interrogations, he was allegedly tortured by use of electricity, burned
with cigarettes, stuck with needles and kicked and beaten unconscious. On 19
November 1990 he fled the country for Sweden where he applied for asylum.
On 4 October 1991, the Migration Board rejected the complainant's
application. He appealed the decision to the Aliens Appeals Board, which, on
8 April 1993, rejected his application and ordered him deported to Bangladesh.
After that, the complainant went into hiding, and it was not until 5 August
1995 that the decision to expel him could be enforced.
2.2
Upon his return to Bangladesh, the complainant was arrested and accused of
political activity in Sweden. During four days of detention, he was allegedly
beaten unconscious and a policeman poured warm water through his nose. The
complainant also alleges having been subjected to ill treatment of his genitals,
being forced to drink urine, and that police threatened to kill him with a knife.
2.3
The complainant became a member of the Bangladesh National Party’s
(hereinafter referred to as the BNP) Youth Wing in 1996. He distributed
pamphlets, organised demonstrations and in other ways protested against the
politics of the Awami League government. He was also a board member in the
BNP Mirpur department.
2.4
The complainant submits that because of his political activities for the BNP,
he was falsely accused of different crimes, and that this is common treatment
of political opponents to the government. On 10 November 1998, there was a
clash between the Awami League supporters and the police against the BNP
supporters. The complainant was arrested and detained for five days for using
violence against the police and for preventing policemen from carrying out
their duties. During the interrogations, the police allegedly tied the
complainant to a chair, kicked and beat him with rifles and sticks. He claims to
have lost consciousness several times during these interrogations. He was
released against bail after a hearing by a local court. On 18 August 1999, the
complainant was convicted and sentenced to 20 months imprisonment and a
fine of 50.000 Thaka. The complainant subsequently escaped to Sweden,