CAT/C/47/D/374/2009 application for a residence permit, which was rejected by the Aliens Appeals Board on the grounds that the expulsion order had already been enforced. 4.3 The complainants returned to Sweden on 10 December 2004 and submitted a second asylum application on 14 December 2004. At the request of H.M., her case was dealt with separately by the Swedish authorities. However, the submissions of the complainants were to a large extent identical or at least very similar. The asylum interview for the complainants was held on 20 January 2005. They submitted that, upon arrival in Baku in 2004, the Swedish police handed them over to the Azerbaijani authorities and left. They were interrogated and requested to present documents containing information about their ethnicity. After having been asked questions about the reason for arriving on a chartered airplane and about the purpose of their stay in Sweden, S.M. was subjected to beatings. He also became the object of derogatory remarks. H.M. and A.M. were also interrogated. They were forced to sign a document stating that they would stay at a certain address and the police took them there. This occurred after four or five days of interrogation at the airport. The next day, they were summoned to the security service in Baku, where they were interrogated and subjected to physical abuse. They were made to appear before the security service five or six times before S.M. ended up in hospital. After his stay in hospital, they went into hiding and have not been in touch with the authorities since. S.M.’s mixed origin makes them a target for the authorities in their home country. They were in touch with both UNHCR and the United States embassy, but neither was able to provide help. Regarding their health, S.M. stated that he suffers from PTSD and a number of physical injuries caused by the treatment endured upon return to Azerbaijan. H.M. stated that she was hospitalized in Baku for 10 days due to back pains caused by beatings during her interrogation. 4.4 In support of their second application, the complainants submitted a vast number of documents, including various medical reports. According to these medical reports, S.M. suffers from considerable mental health problems. The doctor concluded that, on the basis of the psychiatric assessment alone it could be regarded as established that he was interrogated under torture in the way he had stated. S.M.’s small scar formations could have arisen at the times and in the way he had described. Nor was there any indication that the extensive damage to his teeth was not a consequence of the physical mistreatment he had been subjected to. The expert further noted that the scars were fairly unspecific and for that reason the findings could not be regarded as entirely conclusive; however, he concluded that the assessment findings might substantiate that he had been subjected to torture in the way alleged. 4.5 On 17 March 2006, the Migration Board rejected the complainants’ asylum application. It did not call into question that the complainants had been subjected to abuse and harassment, even if this did not mean that these took place after their removal to Azerbaijan in 2004. The Board concluded that the perpetrators were to be regarded as criminal elements rather than representatives of the country’s authorities and thus the case was not a matter of persecution sanctioned by State authorities. After an overall assessment of all the circumstances, it found, based on available reports, that it should be possible for the complainants to live in Azerbaijan. Consequently, they were not refugees or persons otherwise in need of protection. The Board stated that, according to information available to it, the Azerbaijani government provides free medication to persons suffering from mental illness and most illnesses can be treated in Azerbaijan. It found that S.M. and A.M. cannot be regarded as suffering from life-threatening diseases or health conditions that constitute grounds for a residence permit. H.M.’s second application was rejected on essentially the same grounds. 4.6 The complainants filed an appeal to the Migration Court. They claimed that they had submitted credible and coherent accounts about the torture to which they had been subjected and that the mere fear of being forced to return to Azerbaijan may cause irreparable harm. They also submitted that A.M. had shown very serious symptoms of 6