CAT/C/41/D/306/2006 Page 6 risk arrest and torture upon return to Azerbaijan on account of his past political activities or for any other reason. Even if the State party were to assume that E.J’s account of his past political activities are accurate, he has not shown substantial grounds for believing that he and his family would run a real and personal risk of being subjected to treatment contrary to article 3 if deported to Azerbaijan. The ADP is an officially registered and legal political organization, membership of which is not considered a criminal offence. He has not held a leading position in the party and his alleged activities are not of such significance that he would attract particular interest on the part of the Azerbaijani authorities upon return. In addition, his activities are alleged to have taken place between January 2001 and May 2004 – more than four years ago. Any claims of a risk of torture should also be viewed in light of the presidential pardons in 2005. On the issue of past abuse the State party draws the Committee’s attention to the fact that the complainants have failed to adduce any evidence, medical or otherwise, in support of these claims. 4.6 With regard to the general human rights situation in Azerbaijan, the State party points to its membership of the Council of Europe (CoE), and its ratification of several major human rights instruments including the Convention against Torture. Azerbaijan has made progress in the field of human rights and around 100 police officers were punished for human rights abuses in 2006. The office of a national ombudsman has been established and a new action plan for the protection of human rights was announced by President Aliyev in December 2006. As the Swedish Migration Board noted in its decision of 31 May 2005, a number of persons defined by the CoE as political prisoners were released by Azerbaijan. This occurred following several presidential pardons in 2004 and 2005, including, in the spring of 2005, of the ADP leader Mr. S. Jalaloglu. 4.7 The State party does not underestimate any legitimate concerns that may be expressed with respect to Azerbaijan’s human rights record and notes reports of human rights abuses, including arbitrary detentions and incidents of beatings and torture of persons in custody by the security forces, particularly of prominent activists, and concern for the freedom of the media and the freedom of expression. Members of the opposition have been arrested and sentenced to fines or detention in court proceedings that reportedly failed to meet the standards for due process. According to estimates by NGOs, the Azerbaijani government held approximately 50 political prisoners in 2006. Leaders of the opposition who have been released from prison have been prohibited from continuing their political activities and several members of the opposition have lost their jobs and have been prevented from obtaining employment. However, it shares the view of the Migration Board that the situation in Azerbaijan at present does not warrant a general need for protection for asylum seekers from that country. Complainants’ comments on the State party’s observations: 5.1 On 16 March 2008, the complainants commented on the State party’s response. They reiterate their previous arguments, and reaffirm that E. J.’s account of the events in Azerbaijan was consistent throughout the asylum process and never questioned by the authorities. His credibility was neither contested by the Migration Board or the Aliens Appeal Board, both of which acknowledged the facts as presented by him but concluded that he was arrested due to his participation in the demonstrations and not because of his position in the ADP. They admit that due to errors of