CAT/C/47/D/374/2009 Despite this, the persecution did not stop; his wife was beaten by their neighbours, which resulted in a broken leg; their daughter was also injured. 2.2 In 2002, the family sought asylum in Sweden, which was denied, and on 19 August 2004, they were deported to Azerbaijan. Upon arrival, they presented their identity documents to the Azerbaijani police. However, before handing them over, the Swedish police had given two documents which indicated S.M.’s Armenian origin to H.M., his wife, who thus had them in her luggage. During the search of their luggage, the documents were discovered and viewed as an attempt to conceal important information. The family was extensively questioned under violence by officers of the National Security Service. They were held at the airport for four days without any proper food or accommodation. S.M.’s teeth were knocked out and his arm was twisted; he also suffered kicks and blows. H.M. was questioned, beaten and sexually assaulted. Thereafter, the family spent ten days in a hospital near Baku. It was found that S.M. had heart problems and signs of arteriosclerosis; H.M. showed signs of assault and battery, including a skull injury. Their daughter had witnessed some of the violence against her mother and suffers from stress disorder since then. After their release, the National Security Service called them repeatedly for further questioning. Their daughter could not be enrolled in school. The complainants turned to various institutions and organizations, inter alia, the Embassy of the United States of America, United Nations High Commission for Refugees (UNHCR) and a women’s organization, seeking a way out of the country since they feared for their lives. 2.3 In December 2004, the family returned to Sweden and applied for asylum on 13 December 2004. They submitted several documents in support of their asylum application, inter alia, medical certificates, a document certifying that S.M.’s mother is Armenian, and a letter from a women’s organization in Azerbaijan. The Migration Board did not order any medical examinations. Instead, the complainants were referred to the Crisis and Trauma Centre at Danderyd Hospital in Stockholm by the Swedish section of Amnesty International. The psychiatric examination concluded that S.M. had given an account of persecution which fulfilled the criteria for torture; it considered as established that he had been subjected to interrogation under torture in the manner he had described. The forensic medical examination also found that there was nothing to contradict his claims of illtreatment. As regards H.M., the psychiatric opinion concluded that she had suicidal thoughts and fulfilled the criteria for posttraumatic stress disorder (PTSD); it also concluded that it was beyond dispute that she had experienced the events she had described. The forensic investigation findings could possibly confirm that she had been subjected to torture. 2.4 In 2005, while watching the news from Azerbaijan, H.M. allegedly recognized the National Security Service officer who had assaulted her and who is now a high-ranking official in the department of border control. Thereafter, she decided to speak out about her being sexually assaulted by the officer, and an additional application on this matter was filed to the Migration Board. 2.5 On 17 March 2006, the Migration Board rejected the complainants' asylum application. While not questioning that the complainants had been subjected to assault and harassment, the Board indicated that such incidents did not necessarily take place after the enforcement of the deportation order in 2004. The Migration Board concluded that the perpetrators did not act on behalf of the authorities and that the complainants would be able to live in Azerbaijan. 2.6 The complainants appealed the Migration Board’s decision to the Migration Court. The court hearing was held on 7 May 2007. Subsequently, several written submissions were 3