CAT/C/38/D/296/2006
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violations of human rights does not mean that a person cannot be considered to be in danger
of being subjected to torture in his or her specific circumstances.
8.3 The Committee recalls its General Comment No.1 on article 3, which states that the
Committee is obliged to assess whether there are substantial grounds for believing that the
complainant would be in danger of being subjected to torture were he/she to be expelled,
returned or extradited, the risk of torture must be assessed on grounds that go beyond mere
theory or suspicion. However, the risk does not have to meet the test of being highly
probable. The risk need not be highly probable, but it must be personal and present. In this
regard, in previous decisions, the Committee has determined that the risk of torture must be
foreseeable, real and personal.
8.4 In assessing the risk of torture in the present case, the Committee notes that the
complainant claims that he was arrested and detained for periods of two days on two
occasions by Azerbaijani authorities, and that during this period he was tortured. It also notes
his assertion that there is a foreseeable risk that he would be tortured if returned to Azerbaijan,
on the basis of his political activities, his previous detentions and torture and the outstanding
arrest warrant.
8.5 The Committee observes that the State party questions the complainant’s credibility and
the authenticity of the documentation submitted by him, based on the investigations of the
Swedish Aliens Appeals Board and the expert report obtained through its embassy in Turkey.
In particular, the State party has questioned the complainant’s position within the Musavat
party, and at the Musavat party newspaper, and the authenticity of the Musavat party
membership card, the alleged decision of detention dated 2 July 2003, the arrest warrant
dated 15 January 2004 and the certificates of various Azerbaijani organisations.
8.6 The Committee recalls that according to its General Comment No. 1, the burden to
present an arguable case is on the complainant of a complaint (A/53/44, annex IX, para. 5). It
recalls its jurisprudence that it is for the complainant to collect and present evidence in
support of his account of events 5 . While the complainant has provided various copy
documents to the State party and the Committee, the Committee considers that the
complainant has failed to disprove the State party’s findings and to validate the authenticity
of the various documents in question. He has also failed to give any satisfactory response to
submissions made by the State party concerning certain issues of fact, such as, for example,
with regard to the death of his father, which he had stated was allegedly connected to his
political activities. Further, he has not been able to provide any medical evidence to support
his claims of mistreatment at the hands of the Azerbaijani authorities.
8.7 The Committee reiterates that for the purposes of article 3 of the Convention, the
individual concerned must face a foreseeable, real and personal risk of being tortured. On the
basis of the above, the Committee has formed the opinion that the complainant has not
submitted sufficient satisfactory details or corroborating evidence to substantiate the fact of
his detentions by, and treatment at the hands of, the Azerbaijani authorities or the alleged
criminal investigation against him and the related arrest warrant. The Committee considers
therefore that the complainant has not substantiated that he would personally face such a
foreseeable, real and personal risk of being subjected to torture upon his return to Azerbaijan.
5
S.L. v Sweden, Communication No. 150/1999, Views adopted on 11 May 2001, para.6.4 ;
and M.Z. v Sweden, Communication No. 256, Views adopted on 17 May 2006, para. 9.5