CAT/C/34/D/226/2003
Page 3
Having taken into account all information made available to it by the
complainant, her counsel and the State party,
Adopts the following:
Decision of the Committee against Torture under article 22 of the Convention
1.1
The complainant is Ms. T. A., a Bangladeshi citizen, who acts on behalf of
herself and her daughter S.T, born in 1996. Both are awaiting deportation from
Sweden to Bangladesh. Ms. T. A. complains that their expulsion to Bangladesh would
amount to a violation by Sweden of articles 3 and 16, and possibly of article 2, of the
Convention. She is represented by Ms. Gunnel Stenberg.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee
transmitted the complaint to the State party on 20 January 2003. Pursuant to rule 108,
paragraph 1, of the Committee’s rules of procedure, the State party was requested not
to expel the complainant and her daughter to Bangladesh pending the consideration of
her case by the Committee. On 11 March 2003, the State party informed the
Committee that it would stay the enforcement of the decision to expel the complainant
and her daughter to Bangladesh while the case was under consideration by the
Committee.
The facts as submitted by the complainant:
2.1
The complainant and her daughter arrived in Sweden on 13 October 2000 on
a tourist visa, to visit the complainant’s sister residing in Sweden. They applied for
asylum on 9 November 2000. On 24 September 2001, the Migration Board denied the
application and ordered their expulsion. On 25 February 2002, the Aliens Appeals
Board upheld the decision of the Migration Board. Two new applications for a
resident permit on humanitarian grounds were subsequently denied by the Aliens
Appeals Board. A third application was submitted on 17 December 2002. However,
on 19 December 2002, the Aliens Appeals Board denied the application for a stay of
execution of the expulsion order. The complainant alleges that she has exhausted all
domestic remedies.