CAT/C/38/D/270&271/2005 Page 8 an ordinary member of the ADP but without any specific responsibilities or tasks. He could not explain why E. N. K. had not been registered as a member in April 2004. Moreover, the ADP is an officially registered and legal political organisation in Azerbaijan. It is not a criminal offence to be a member of it and there is no systematic persecution of members of the political opposition in Azerbaijan. In a complementary report from the Swedish Embassy of 1 July 2005, it pointed out that it is well known that the members of the ADP have been issuing false documents for which some people have been dismissed, including representatives of the Narinamov branch to which E. N. K. had belonged. 4.13 The State party also refers to a report of the UNHCR of September 2003, in which it was stated that mere membership of an oppositional political party would not suffice to substantiate a claim to refugee status. However, in certain cases, being an outspoken activist, writing critical articles in opposition newspapers, leading unauthorised demonstrations or “provocative actions” can result in a harsh response from the authorities, including arrest, detention and unfair trial. 4.14 The State party refers to contradictory information provided by all of the complainants. E. N. K. told the Migration Board on 7 August 2003, that he had worked as a painter within the ADP, producing posters and showcases, which he had distributed during the political events such as demonstrations4. According to the documents submitted to the Aliens Appeal Board on 19 August 2004, E. N. K. had been responsible for ideological issues within the party and had been elected secretary for the ideological departments in the Khatai and Nasimi districts. Before the Committee, however, E. N. K. claimed that he had been directly associated with the ideological section of the ADP’s local divisions in Khatai and Nasimi districts. Y. K. stated to the Committee that he had been summoned by the Azerbaijani police in June 2002 and that upon reporting to them he was physically abused. He also stated that he had received threatening phone calls daily from the police in January and February 2002. None of this information had been provided to the domestic authorities and in the interview with the Migration Board, he stated that he had never been arrested. 4.15 The State party submits that should the Committee consider that E. N. K. was a member of the ADP, it contends that his activities and level of responsibilities within the party were not of such a magnitude that he could be considered a prominent person. His alleged activities took place mainly during 1999 and 2001, and must be viewed in light of recent presidential pardons. He has not even submitted a copy of the alleged judgement sentencing him to prison for political activities to the Committee. According to the State party, the advancement of false documents by all of the complainants calls into question their credibility. In its view, none of the complainants have substantiated their claims that there are substantial grounds for believing that they would be at personal risk of being tortured if returned to Azerbaijan. Complainant’s comments on the State party’s observations on the admissibility and the merits 5.1 On 15 May 2006, the complainants responded to the State party’s submission. They state that the Migration Board only had one interview with them lasting for only one hour and fifteen minutes with respect to Y. K. and two hours and thirty minutes with respect to E. R. K. 4 It would appear that both E. N. K. and E. R. K. are painters.