CAT/C/38/D/270&271/2005 Page 4 basis of a report from the Swedish Embassy in Ankara, which demonstrated that the documents submitted by the complainants to support his claims were false. On 12 April 2005, the Alien’s Appeal’s Board rejected his appeal. 2.4 From January 2002 and as a result of E. N. K.’s departure, Y. K. and E. R. K. started receiving phone calls from the police, usually late at night, requesting information on their brother’s whereabouts, and receiving repeated threats that they and his families would be detained if they failed to indicate where he was. In June 2002, Y. K. was summoned by the police. Upon his appearance at the police station he was interrogated and threatened by two policemen. When he refused to provide any information on his brother, one of the policemen beat him to the point of unconsciousness. Both policemen continued beating him when he came round. He was subsequently released and told that it was “only an initial warning”. 2.5 On 3 August 2002, at 2:00 am, four armed policemen called at the K.’s apartment. E. R. K. and his father were beaten and Y. K. was hit in his stomach with a baton and lost consciousness. E. R. K.’s 7-year-old son was pushed to the ground when he started to cry and his wife was locked in a room. The complainants’ mother managed to escape and called for help in the street. At this point, the policemen left and the family called an ambulance and received medical assistance. 2.6 Following this incident, Y. K. and E. R. K. moved in with their aunt for three months, after which they returned to their old apartment. On 12 and 13 December 2002, they were both summoned by the police. On 13 December 2002, both brothers illegally left Azerbaijan and fled to Iran by car. On 27 December 2002, they arrived in Sweden and applied for asylum. On 16 June 2004, the Migration Board rejected both their applications on the basis of the report from the Swedish Embassy in Ankara. Following an investigation into the political activities of the complainants’ brother (E. N. K.) and the authenticity of certain documents, the report concluded that the complainants had submitted false documents and that their brother had never been politically active. On 31 January 2005 and 8 April 2005, respectively, the Aliens Appeal Board rejected Y. K.’s and E. R. K.’s appeal stating that it shared the Migration Board’s views. 2.7 The complainants assert that the Swedish Embassy’s report, upon which the domestic authorities refused to grant the complainants asylum, was based on anonymous sources and precludes the possibility of challenging the information it contains. The information therein comes from sources within Azerbaijan and could thus be manipulated by state authorities. The complainants conclude that the Swedish immigration authorities never assessed their cases objectively. They submit that there continues to be a consistent pattern of gross, flagrant and mass violations of human rights in Azerbaijan and provide reports to demonstrate such violations, including extrajudicial and summary executions, disappearances and torture, in particular against political and religious opponents. According to the complainants, these documents confirm that opposition leaders (from the ADP) have been detained and tortured, as the Azeri regime is said to oppress those who criticize it. The complaint 3. According to the complainants, their deportation from Sweden to Azerbaijan would constitute a violation of article 3 of the Convention against Torture, as they risk being detained, questioned, and tortured in relation to their brother’s activities and on the basis of

Select target paragraph3