CAT/C/39/D/308/2006 Page 12 come to such a conclusion without knowing her family and children. She submits that she has a copy of a decision in which a permanent residence permit was granted to another family from Azerbaijan only because of their three years old child born in Sweden. 5.3 On the facts, the complainant adds that she was also in the car accident of 10 October 2003 which resulted in numerous injuries of her husband. Although during the second interview with the Migration Board R. A. could not provide any detailed information about his reasons for seeking asylum, she answered to the interviewer’s question on his journey to Sweden. She confirms that as a result of the car accident, her husband suffered from the memory loss and abnormal speech. He had difficulties in thinking, attention deficit, frustration and mood swing. After the accident, he acted like a child and it seemed that all his past experiences were simply erased from his memory. He ‘woke up as a new person and started living an absolutely new life’. On 17 March 2006, R. A. was diagnosed by a local physician with Post Traumatic Stress Disorder. 5.4 The complainant challenges the State party’s assertion that her husband could have ‘consciously obstructed and rendered the asylum investigation more difficult’, as, according to her, it was clear to the migration authorities that they were interviewing a sick person. She further refutes the State party’s argument that it was possible for R. A. to obtain a medical certificate from a doctor alter having deserted military service (paragraph 4.11 above). She submits, specifically, that in order to get such certificate, he should have explained where and under what circumstances he had received the injuries in question, which, in turn, would have prompted the doctors to call for police. 5.5 Finally, the complainant submits that Azerbaijan’s membership in the Council of Europe does not mean that it is a democratic country. She refers to a number of the OSCE, PACE, Amnesty International and Radda Barnen publications, 13 and adds that there are currently ninety thousand of Azerbaijani asylum seekers in Europe. She concludes by stating that she is not a lawyer to name specific violations of the Convention by the State party but she is certain that her family cannot return to Azerbaijan. Supplementary submission from the State party 6.1 By submission of 3 September 2007, the State party recalls that the main task before the Committee is to establish whether R. A. would be personally at risk of being subjected to torture on return to Azerbaijan on account of having deserted from military service. It submits that the complainant and her husband did not adduce any new circumstances or evidence in this regard. Accordingly, the issue of whether the Migration Board’s decision not to grant applications for residence permits in Sweden to the complainant’s family under the temporary legislation on aliens – which were based on their having young children – would constitute a violation of the Convention, is irrelevant for the proceedings before the Committee. In addition, the State party contends that the complainant’s statement that many young men are murdered and tortured during military service is a general and unconfirmed observation. 13 OSCE Representative on Freedom of the Media: “I am shocked by arrest of two more Azerbaijani Journalists”, PACE: “Human Rights and Democratic Principles Abused in Azerbaijan”.

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