CAT/C/38/D/296/2006 Page 4 The complaint 3. The complainant alleges that if forcibly returned to Azerbaijan, he would suffer a risk of torture, in violation of article 3 of the Convention. He fears being tortured because of his prior treatment at the hands of the Azerbaijani authorities because of his membership of, and activities on behalf of, an opposition political party. He refers to a criminal investigation against him, which commenced since his departure from Azerbaijan. He contends that the Swedish authorities disregarded his personal circumstances and that their decisions refer to general arguments concerning the situation in Azerbaijan only and not his particular case. State party’s observations on the admissibility and the merits 4.1 On 11 December 2006, the State party commented on the admissibility and merits of the communication. On the facts, the State party indicates that the complainant applied for asylum on 13 August 2003. 4.2 On claiming asylum, the complainant and his wife were not able to produce identity papers. An official at the Swedish Migration Board recorded that the complainant’s wife had had to undergo emergency surgery on her stomach after having been beaten in Azerbaijan. Later on during the proceedings, the complainant submitted an identity card from a young lawyers’ association and a copy birth certificate, together with some documentation in respect of his wife. 4.3 An initial interview was conducted with the complainant and his wife on 7 November 2003. During the interview, the complainant set out the facts of his case largely as set out above. He stated that shortly after his arrival in Sweden, his father, who was well known due to his high position in the oil industry in Azerbaijan, was assaulted by the Security Police. His father was taken to hospital where he died on 25 August 2003. According to the death certificate, his father died of a heart condition, although he had never suffered from heart problems before. The complainant stated that his mother had been dismissed from her work. The complainant’s wife also stated that after they had left Azerbaijan, her mother, who had been in hiding in Azerbaijan for quite a long time, was arrested and subjected to physical abuse. Her mother died in prison as a result of the beatings. 4.4 A second interview, which took nearly 3 hours, was conducted with the complainant on 26 March 2004 in the presence of counsel. The complainant gave further details concerning his treatment at the hands of the authorities, including having been made to stand for 35-36 hours during the period of detention immediately following his return from the Netherlands. He stated that he was hit when he tried to sit down and that the Security Police use a kind of boxing glove to prevent leaving traces of the abuse. He stated that he had also been abused during his second period of detention but that he had not suffered any serious injuries. He stated that he had first come to the attention of the authorities in the winter of 2000 when he took part in organizing a demonstration. He received phonecalls but was not arrested. He recounted two instances where the Security Police had searched his office. He noted that his mother had received notice a month previously that the Ministry of the Interior had issued a warrant for his arrest for being a traitor to his country. A second interview was conducted with the complainant’s wife on 18 May 2004 in the presence of counsel. The complainant’s wife submitted the complainant’s Musavat party membership card and a warrant for his arrest dated 15 January 2004.