CAT/C/46/D/338/2008
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-sixth session)
concerning
Communication No. 338/2008
Submitted by:
Uttam Mondal (represented by counsel,
Gunnel Stunberg)
Alleged victim:
The complainant
State party:
Sweden
Date of the complaint:
30 November 2007 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 23 May 2011,
Having concluded its consideration of complaint No. 338/2008, submitted to the
Committee against Torture by Gunnel Stunberg on behalf of Uttam Mondal under article 22
of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Having taken into account all information made available to it by the complainant
and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
1.1
The complainant is Mr. Uttam Mondal, a citizen of Bangladesh, currently awaiting
deportation from Sweden. He claims that his deportation to Bangladesh would constitute a
violation by Sweden of article 3 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. He is represented by counsel, Gunnel
Stunberg.
1.2
Under rule 108, paragraph 1, of the Committee’s rules of procedure, the Committee
requested the State party, not to expel the complainant to Bangladesh while his complaint
was under consideration by the Committee.
The facts as presented by the complainant
2.1
The complainant was a political activist in Bangladesh, for a party named Bikolpo
Dhara Bangladesh (BDB). The BDB was created in 2003, and the complainant joined it at
the end of the same year. In 2004, he became the chairman of the party’s youth’s
organization, Juba Dhara, in the district of Sreenagar. He organized meetings,
2