CAT/C/33/D/223/2002 Page 3 The facts as submitted by the complainant 2.1 The complainant belongs to the Ershad faction of the Jatiya Party in Bangladesh, which is not part of the present Government coalition. He claims having participated in activities organized by the Party in Mithapur, including meetings, demonstrations, distribution of pamphlets, construction of roads and schools and charity work. Because of his involvement with the Party he was kidnapped about 20 times by members of the governing Bangladesh Nationalist Party (BNP) who kept him for periods ranging from a few hours to one week and beat him. Those incidents were reported to the Police who took no action. 2.2 The complainant was reportedly arrested by Bangladeshi police on three occasions and taken to the Madariapur police station, where he was tortured. He was exposed, inter alia, to beatings, rape attempts, electric shocks, cigarette burns, beatings on the soles of the feet, was hanged from the ceiling and forced to drink dirty water. On one occasion he was accused of unspecified crimes and on the other two he was accused, respectively, of murder and violence in the course of a demonstration. He denies the facts of which he was accused and claims that the purpose of the arrests was to bring his political activities to an end. Counsel states that, because of his mental condition, the complainant cannot recall the exact dates but it seems that such arrests took place in August 1996 and November 1998. The complainant also claims to have been convicted for attempted murder and sentenced to eight years’ imprisonment. 2.3 Copies of the medical reports issued by three Swedish doctors in 2001 are attached to the complaint. They indicate that the complainant suffers from posttraumatic stress disorder, that the scars on his body are consistent with the acts of torture that he described and that he requires medical treatment. 2.4 The complainant argues that he has exhausted domestic remedies. His asylum application was rejected by the Swedish Migration Board on 21 February 2001 and his appeal of that decision was rejected by the Aliens Appeals Board on 3 June 2002. The complaint 3.1 The complainant claims that he will be tortured again if he is returned to Bangladesh. In support of his claim he refers, inter alia, to NGO reports indicating that the use of torture by the police in Bangladesh is common. State party’s submissions on the admissibility and merits of the complaint 4.1 On 29 April 2003 the State party submitted its observations on the admissibility and merits of the complaint. It indicates that the complainant entered Sweden on 23 March 1999 using a forged passport which contained a forged certificate of permanent residence in Sweden. On the same day he applied for asylum and presented a genuine passport to the Swedish authorities. 4.2 The Migration Board interviewed the complainant on the same day. He stated, inter alia, that he started working for the Jatiya Party upon finishing his education in

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