CAT/C/38/D/270&271/2005 Page 6 positive results have been achieved, Azerbaijan is still reported as committing numerous human rights abuses, including beatings and torture of persons in custody by members of the security forces. It also submits that, while it does not wish to underestimate these concerns, they do not in themselves suffice to establish that the return of the complainants would entail a violation of article 3. 4.5 The State party explains that following a request by the Migration Board, the Swedish Embassy in Ankara consulted legal and other expertise to obtain an opinion concerning the political activities of E. N. K. and the authenticity of the documents invoked by the complaints before the Board. When deemed necessary, checks with relevant public Azerbaijani registers were carried out, without disclosing the identity of the complainants to the Azerbaijani authorities. The documents provided by E. N. K. on which the Embassy was consulted, included a police summons, the alleged “judgement” by the Court of the Khatai district of Baku of 15 April 2003, a reference letter allegedly issued by the ADP and a medical certificate. The results of the investigation have been accounted for in a report from the Embassy dated 16 February 2004. The report states that there are no indications that any criminal case or other criminal proceedings have been instituted against E. N. K. It submits that, according to these investigations, all the examined documents are false. 4.6 On the police summons, the place of residence of the concerned person is 20/40, Azadlig Av., Baku. However, E. N. K. has never resided at that address. His place of registration is 21/25, Ganja Av. Baku. Moreover, it refers to article 181 of the former Criminal Code of the Soviet Azerbaijan. According to the new criminal code, a person who does not adhere to a police summons will be escorted to the police department by police officers from the relevant police station and would not, as indicated in the summons in question, be punished according to article 181 of the former Criminal Code. Further, this summons was issued by the police department of the Nasimi district of Baku and endorsed by a stamp with no. 66, a number which does not correspond to that police department. 4.7 As to the alleged judgement convicting E. N. K. in absentia for complicity in a coup d’état and sentencing him to five years imprisonment, the State party submits that, this document is not described as a judgement but a warrant. The Court of the Khatai district has never instituted or held any court proceedings against E. N. K.. The Judge R. Aliyev, who is alleged to have signed the warrant, is not listed among the serving judges of the Court of the Khatia, and the design and content of the warrant is not in conformity with current legal procedures. As to the reference letter, dated 21 November 2001, allegedly issued by representatives of the ADP, E. N. K. is not listed among the members of the party and the letter has not been registered in the ADP office. The letter was stamped by the Nasimi branch of the ADP but signed by the alleged chairman, Mr. S. Jalaloghlu. According to the State party, Mr. Guliyey, who is the Chairman, signs all official letters for that party. 4.8 As to the medical certificate invoked by E. N. K., it would appear that he did not undergo any medical treatment in the traumathology and orthopaedic hospital under the Ministry of Health on the dates mentioned in the certificate. It is signed by a Mr. Gafarov, referred to in the certificate as head of a division within the hospital, and a Mr. Salimov, referred to as a physician at the hospital. However, neither of these people was listed among the managers and physicians serving at the hospital before or after the date of issuance of the certificate. Finally, the certificate states that a political manifestation was planned on 8