CAT/C/58/D/627/2014
1.1
The complainant is H., a national of Bangladesh born in 1984. He sought asylum in
Sweden but his application was rejected. He claims that his deportation to Bangladesh
would constitute a violation by Sweden of his rights guaranteed under article 3 of the
Convention. The Convention came into force for Sweden on 26 June 1987 and Sweden has
made the declaration under article 22 of the Convention. The author is represented by
counsel.
1.2
On 5 September 2014, the Committee, acting through its Rapporteur on new
complaints and interim measures, requested the State party not to expel the complainant
while his complaint was being considered by the Committee.
Facts as presented by the complainant
2.1
The complainant grew up in a village in the Feni District in Bangladesh. He lived
there until 2005 with his parents, two sisters and two brothers.
2.2
Since a young age, the complainant has been an active member of the political party
Jamaat-e-Islami and its student organization Islam Chatra Shibir. Jamaat-e-Islami is the
largest Islamic party in Bangladesh, advocating for governance in line with the Koran.
Since 1 August 2013, the party has been prohibited from taking part in national elections.
As an active member, the author was distributing flyers and recruiting members. He
became a well-known local representative for the party and secretary to the vice-president
of the local Jamaat-e-Islami branch. Because of his popularity and influence, the
complainant was predicted to become an important party leader.
2.3
The complainant became the target of several letters against his life. Each letter was
addressed to “his business”, with no sender mentioned. The letters stated that if he did not
distance himself from Jamaat-e-Islami and his religious and political work, he would be
killed and his business ruined. Because Bangladesh is plagued by widespread political
violence, the complainant suspected that the threats came either from the Bangladesh
Nationalist Party or the Awami League (the governing party). The complainant sought the
help of the authorities in vain. He stresses that the governing party in Bangladesh
systematically uses the authorities to hinder and harass political opponents.
2.4
He also contacted other officials of Jamaat-e-Islami to discuss how to respond to the
threats. At a meeting held with several high-ranking members it was decided that no
violence would be used as a response. The complainant refused to be silenced and
continued his religious and political work despite the threats.
2.5
In March 2012, about two months after he had received the most recent threats by
letter, the complainant was kidnapped outside his business by five masked individuals and
brought to an isolated room. He was subjected to severe beatings with iron tubes, some of
them heated, to both his head and body. He was also burned with cigarettes, stabbed with
sharp objects and had his Achilles tendon removed. As the kidnappers were torturing him,
they asked him questions about his political and religious commitment and his work with
Jamaat-e-Islami. They referred to the letters he had received and made clear that he had to
stop his political and religious work. Having subjected him to severe torture, his kidnappers
left him on the street. An unknown person found him and brought him to a nearby hospital.
2.6
After having spent a month in the hospital, the complainant had to leave, despite not
having finished his medical treatment, as he feared that his kidnappers or their accomplices
would find and hurt him again. After escaping from the hospital, he managed to hide in
different locations. However, as he was living with a constant fear of detection, his situation
was unbearable. He decided to leave Bangladesh. He left the country in August 2005, five
months after the kidnapping. He travelled to Greece through Pakistan and Turkey.
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