CAT/C/50/D/463/2011 the right foot, a fracture of a finger caused by kicking. The report concluded that he had been exposed to torture or physical abuse. On 10 February 2011, a psychiatric report was issued indicating that the author suffered from post-traumatic stress disorder and depression associated to his torture history, with a high risk of suicide. 2.10 On 14 February 2011, the author submitted an application to the Migration Board invoking the existence of new circumstances that would provide reasonable grounds for believing that he would be at risk of torture if returned to Uzbekistan. He submitted the Swedish Red Cross’ medical reports and argued that he had not realized the importance of proving his past record of torture during his asylum process, and that neither the Migration Board nor the Migration Court had examined whether he had been subjected to torture while in prison. He also argued that he had been afraid that the interpreter, who assisted him during the interviews, would report his statements to the Uzbek authorities. He claimed that the Uzbek authorities infiltrate the asylum processes in Western Europe to control Uzbek citizens seeking asylum. He referred to a report by the Swedish Migration Board, of June 2010, on the situation in Uzbekistan, where it was stated that the use of torture was widespread in Uzbekistan; that between 2008 and 2009 nine persons, who had been involved in the incidents of Andizjan, died as a result of torture, and that, thus, all persons connected to the Andizjan incidents could potentially be at risk. 2.11 On 14 March 2011, the Migration Board decided not to re-examine the complainant’s application. It considered that the reasons given by the complainant were not of such nature or dimension as to constitute an impediment preventing the execution of the expulsion order in accordance with Chapter 12 Section 18 of the Swedish Aliens Act. The Board held that the new circumstances invoked in his new ap plication had already been examined by the Migration Board and the Immigration Court . No new circumstances regarding the complainant’s need for protection had been invoked and, therefore, there was no ground to re-examine the matter. The complainant appealed this decision to the Migration Court. 2.12 On 7 April 2011, the Migration Court rejected the appeal. The Court found that the claims that he had been severely abused while in prison had already been examined and that his new claims about torture were just a modification or supplement to his previous application. His claims that he was being searched by the police and that his father was at risk of being arrested were new. However, no written evidence thereof was provided. The complainant filed an application for leave to appeal before the Migration Court of Appeal in which he argued that he had provided relevant new evidence regarding torture. The Migration Court of Appeal rejected his application for leave in April 2011. Thus, he claims that all domestic remedies have been exhausted and that the deportation order could be enforced at any time. The complaint 3.1 The complainant holds that the State party did not assess adequately the risk he would be subject to if he returns to Uzbekistan. He would be at personal risk of being persecuted and tortured, in violation of article 3 of the Convention. 3.2 He argues that, owing to his refusal to shoot at demonstrators, he was imprisoned, humiliated and tortured. He was released from prison, but instructed to report to the police station every day and forbidden to travel. While reporting to the police, he was humiliated and insulted. He left his country of origin because he feared being imprisoned and tortured again. If returned, he would be prosecuted as traitor and could be sentenced to life imprisonment for travelling abroad without authorization. After his departure, his wife was harassed by the police, who threatened her with detention and torture. Currently, the police continues to visit his parents’ home and tries to force his father to provide information about his whereabouts. 5