CAT/C/32/D/243/2004
Page 4
2.5
A medical certificate from the Centrum for Kris- och Traumacentrum (hereinafter
referred to as CKT) dated 19 February 2002, states that the scars found on the
complainant’s body are consistent with his description of torture, and that the
findings strengthen his testimony of being subjected to torture. Another statement
from CKT, states that he suffers from a Post Traumatic Stress Syndrome. On 14
March 2002, the complainant tried to commit suicide by jumping in front of a
subway train. He was hit by the train, but got only minor injuries. He was
subsequently taken to the hospital and subjected to psychiatric treatment until May
2002.
The complaint:
3.
The complainant claims that if returned to Bangladesh, there are substantial
grounds to believe that he would be subjected to torture, in violation of article 3 of
the Convention. In substantiation of this fear, he invokes the instances of previous
detention and torture on account of his political activity, and false murder
accusations brought against him. He claims that there exists a consistent pattern of
human rights violations by Bangladeshi authorities, in particular against political
opponents and persons in detention.
Issues and proceedings before the Committee
4.1
Before considering any claims contained in a complaint, the Committee against
Torture must decide whether or not it is admissible under article 22 of the
Convention. In this respect 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.
4.2
The Committee observes that the main reason for the complainant’s fear of a
personal risk of torture if returned to Bangladesh is that he was previously
subjected to torture on account of his membership in what was then the opposition
party BNP. The Committee notes that the ground for which the complainant was
allegedly previously tortured no longer exists, as the BNP is in effect now the
ruling party in Bangladesh. Furthermore, the complainant has not submitted
information or arguments to substantiate that he personally would be at risk of
torture if he were to be imprisoned after his return to Bangladesh. In the