CAT/C/38/D/296/2006
Page 7
4.15 In addition, the State party submits that there are serious doubts about the
complainant’s general credibility and the reliability of the information submitted. The State
party submits a report, dated October 2006, obtained through the Swedish embassy in Ankara,
Turkey, from an international organization working in Azerbaijan with, it is reported, an
excellent local network. The report states that the complainant has never been a member of
the Musavat party and that the documents submitted by the complainant in support of his
asylum applications are false. The report examines each of the complainant’s Musavat party
membership card, certain of the certificates relating to the complainants’ membership of the
Musavat party and his position within the Musavat party newspaper, the arrest warrant dated
15 January 2004 and the protocol concerning his detention dated 2 July 2003 in turn and
concludes that they are each false. The report states that the complainant has never been
wanted in relation to the commission of a crime in Azerbaijan as there is no information
concerning him in the state registration organization. The report further states that the
complainant has never been a member of the Lawyers Association of the Azerbaijan
Republic and that the father of the complainant died in 1996, rather than on 25 August 2003,
as was claimed in his initial interview before the Migration Board.
4.16 The State party also claims that the complainant’s account of the events in Azerbaijan
contain a number of inconsistencies, primarily with regard to his position on the staff of the
Musavat newspaper, and that the complainant’s story concerning the beatings and the
importance of his political activities have escalated both during the course of his asylum
application and before the Committee. The State party notes that the complainant has not
presented a medical certificate regarding the kidney problems he claims he continues to
suffer from after his arrival in Sweden.
4.17 The State party submits that the complainant has not shown substantial grounds for
believing that he will run a real and personal risk of being subjected to treatment contrary to
article 3 of the Convention if deported to Azerbaijan. It contends that even if the complainant
could be considered to have been a member of the Musavat party, he could not be considered
to be a prominent person at risk from the authorities based on his activities and level of
responsibility within the party, including the Musavat newspaper. The State party notes that
the Musavat party is an officially registered and legal organization and that party membership
is not a criminal offence. It emphasizes that almost four years have passed since the
complainant’s political activities are said to have taken place and that in that time a number
of presidential pardons have been issued in favour of certain persons whom the Council of
Europe considers to be political prisoners. It remarks that the Musavat party has lost much of
its position as a major opposition party, having won only 5 of the 125 seats in the November
2005 parliamentary election.
Complainant’s comments on the State party’s observations on the admissibility and the
merits
5.1 By letter of 6 February 2007, the complainant reiterates that the admissibility criteria
have been met. With regard to the merits, and specifically the State party’s concerns about
his veracity and its claim that the documentation submitted by the complainant is false, the
complainant points out that many people in Azerbaijan are afraid to get involved in such
cases as it would possibly lead to investigation by the police or the national security services.
With regard to the complainant’s position in the Musavat newspaper, he states that he was not
allowed to explain his position at the newspaper during his initial interview on the basis that
he would be afforded an opportunity to do so at his second interview.