CAT/C/50/D/463/2011
that she did not have a passport and had received instruction s from her husband. The
Migration Board concluded that there was no evidence that they would be subjected to
torture or to inhuman or degrading treatment or punishment if returned to Uzbekistan and
ordered to expel the complainant and his wife, pursuant to Chapter 8, Section 7 of the
Aliens Act (2005:716).
2.6
The complainant appealed the decision to the Migration Court. In his appeal he
stated that he had applied for asylum under a false identity (J.B.M.) because he feared for
his safety and that his real name was D.Y., born on 22 February 1981. He submitted a
student card and a military booklet to prove his real identity and held that all the other
information given was correct. He further held that he had two passports; the first one was
taken by the military authorities when he was called to do his military service. The second
one was obtained through bribery after his marriage. Although the police took his two
passports, he managed to renew the second one in 2006, with a bribe, when he reported he
had lost it.
2.7
On 1 June 2010, the Court conducted a hearing in the case. The complainant
reiterated his previous allegations and reaffirmed that the authorities had seized his
identification and personal documents. Nevertheless, he managed to hide the military
booklet which he later submitted to the Swedish migration authorities. He did not disclose
his real identity to the Swedish authorities because he was afraid that the Uzbek security
service would also chase him in Sweden. The identity documents and diploma that he first
submitted to the Swedish authorities belonged to someone else. He claimed that, if returned
to Uzbekistan, he would be detained, punished and mistreated even more severely than in
the past, and would be sentenced to life imprisonment for travelling abroad. He also
informed the Court that his children had returned to Uzbekistan and lived with his parents.
When he called them by phone they spoke no more than three or four minutes , as the
telephone may be intercepted. The police came to visit his parents twice a week and asked
about his whereabouts. He also alleged that he had a kidney condition as a result of torture.
2.8
On 14 June 2010, the Migration Court rejected the appeal, ordered the complainant’s
expulsion from Sweden, and forbade him to return to Sweden without the permissio n of the
Immigration Board for a period of two years. The Court noted that the photo in the military
booklet did not resemble him, and that he could not explain why there was a photograph in
it of him when he was 18 years old, rather than a photograph at the time he entered military
service. Thus, his new identity had not been proven. It further pointed out that he had not
submitted any written evidence and that his narrative was vague and characterized by
contradictions. Concerning the events in Andizjan, on 13 May 2005, the complainant was
not able to describe the existence of road blocks in any detail, to give names of central
places, such as Babur Square, where the demonstrators were, and his assertion that
helicopters and airplanes shot the demonstrators was not mentioned in any country report.
Furthermore, it was not credible that the complainant was able to get a new passport issued
while in prison in 2006. Regarding his conviction, he had provided contradictory
information. In his initial submission he stated that he was sentenced to three years
imprisonment without trial or public defence counsel, but before the Court he stated that he
had been convicted “behind closed doors”. Therefore, his credibility was low and he was
not able to show it was probable that he would risk persecution or be subjected to torture or
to inhuman or degrading treatment or punishment upon return to Uzbekistan. On 16 August
2010, the decision to expel the complainant became enforceable.
2.9
On 8 November 2010, a the Swedish Red Cross’ doctor examined the complainant
in accordance with the Manual on Effective Investigation and Documentation of Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol), and
determined the existence of marks related to kicks, punches, cuts with razor blades on the
inside of the left arm, burns with a lighter on the left hip and on the right on the back of his
leg, hitting with a truncheon on the backs of his legs, scars on the left buttock that could be
caused by a penetrating gadget, burns caused by drops of burning plastic on the backside of
4