CAT/C/34/D/221/2002
Page 3
Adopts the following:
Decision under article 22, paragraph 7, of the Convention:
1.1
The complainant is Mr. M.M.K., a Bangladeshi citizen, currently residing in
Sweden where he has requested asylum. He claims that his removal to Bangladesh1in
the event of the rejection of his refugee claim would constitute a violation of articles 3
and 16 of the Convention by Sweden2. He is represented by counsel.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee
transmitted the complaint to the State party on 21 November 2002. Pursuant to rule
108, paragraph 1 of the Committee's revised rules of procedures, the State party was
requested to refrain from expelling the complainant to Bangladesh pending the
consideration of his case by the Committee. On 8 January 2002, the State party
informed the Committee that it had decided to stay the enforcement of the decision to
expel the complainant to Bangladesh until further notice.
The facts as submitted by the complainant:
2.1
In 1993, while living in Bangladesh, the complainant was appointed as the
local welfare secretary of the Jatiya Party in Mymensingh. He held that position until
coming to Sweden in 2002. His duties included informing Bangladeshi citizens about
their rights and about the widespread corruption in the country. In 1995, the
complainant received kidnapping and death threats by followers of the Bangladesh
Nationalist Party (“BNP”) and thereafter from 1999 to 2002, by followers of the
Awami League.
2.2
Between 1993 and 1996, the complainant studied in India and came back to
Bangladesh during holidays, and whenever his duties towards the Jatiya Party
1
The Convention entered into force for Bangladesh on 4 November 1998, but the State party has not
made a declaration under article 22 of the Convention.
2
The Convention entered into force for Sweden on 26 June 1987, and the State party has accepted the
Committee’s competence under article 22 of the Convention.