CAT/C/37/D/265/2005**
Page 5
Swedish Embassy in Ankara, other statements were not considered credible. The State party
notes that, although the complainant’s ADP membership card and his driver’s license were
considered valid, the way in which these documents were delivered to the complainant was
not credible. The State party notes that the secretary-general of the ADP, Jalaloglu, who had
allegedly helped the author to escape from hospital, later declared that he did not know the
author. According to the Embassy’s interpreter, the wanted notice is false and only consists of
a “chaotic composition of words full of mistakes”. It adds that, according to the information
obtained from the Ministry of Internal Affairs, the complainant has never been subject to any
criminal investigations nor has he been imprisoned.
Complainant’s comments on State party’s observations
5.1 By letter of 14 July 2005, the complainant submits that he encountered difficulties
during interviews with the Swedish Migration Board, due to the fact that the first interview
was conducted without an interpreter. He therefore acknowledges that some minor
contradictions may have arisen. In particular, he did not understand whether he had
previously applied for asylum in a State party to the Dublin convention. He confirms that he
applied for asylum in Germany in 1995, where he stayed for six months, and that he returned
to Azerbaijan before any decision had been adopted by the German authorities.
5.2 He questions the way in which the Swedish government obtained Jalaloglu’s
declarations, especially considering that he was in prison at the time where the investigations
were carried out. He reiterates that he knew Jalaloglu personally and that it was precisely him
who had helped him to escape from hospital, through a soldier connected to Jalaloglu. He
insists that both his driver’s licence and ADP membership card could be obtained through
bribery, with Jalaloglu’s help. He claims that Azerbaijan is a corrupt country and that bribery
is common.
5.3 He notes that, as his imprisonment was illegal, it is unlikely that Azeri authorities
would acknowledge that he had ever been imprisoned. As to the wanted notice, the
complainant insists that it is a genuine document issued by the Ministry of Internal Affairs
and containing his photo, probably obtained from an old passport.
5.4 He concludes that, on account of his tight link with the ADP and his past record of
imprisonment and torture, he would be detained and tortured if returned to Azerbaijan,
especially since he has information about the persons that detained him in 2001.
Additional comments by the State party on the author’s comments
6.1 By letter of 28 September 2005, the State party states that the Azeri administration is
bureaucratic and prefers to register a person detained on false charges than to keep him
secretly detained without any record of his detention. In this regard, it states that there are no
reasons to doubt the information obtained from the Ministry of Internal Affairs of Azerbaijan.
6.2 It further maintains that the Swedish Embassy is assisted, in investigations, by people
who are well acquainted with the Azeri judicial system and have contacts with the relevant
authorities, including the Ministry of Internal Affairs. One of these persons allegedly met
Jalaloglu personally, who declared that he did not know the complainant.