CAT/C/37/D/265/2005**
Page 7
Additional submissions from the State party
8.
On 5 July 2006, the State party provides the Committee with a translation of the wanted
notice. It notes that the author submitted this document incomplete to the Swedish Migration
Board and that, therefore, it has not been able to provide a full copy of this document.
Additional comments by the complainant on the State party’s submission
9.1 By letter of 14 July 2006, the author stresses that the State party has confirmed his
being a member of the Khatati branch of ADP. He notes that the membership card produced
was also confirmed to be valid by the State party. This card was however issued while he was
at hospital, with the help of Sadar Jalaloglu and his father. He contends that it was not
difficult to obtain such a card with Jalaloglu’s help. The author received this card just before
fleeing to Sweden. He adds that he is well acquainted with Jalaloglu, who is a good friend of
his father. He met Jalaloglu several occasions through his father and he has even a dedicated
book by him. He contends that he has been in contact with Jalaloglu, who acknowledged that
he was questioned by Azerbaijani police and denied knowing him because Jalaloglu himself
was in trouble with the authorities and did not want to worsen his situation.
9.2 The author notes that, according to the interpreter of the Swedish Embassy in Ankara,
the wanted notice was incomprehensible. However, this notice has in fact been translated and
seems both logic and comprehensible.
Additional submissions from the State party
10. On 28 September 2006, the State party notes that, in order to obtain a translation of the
notice, it requested assistance from the Swedish Embassy in Ankara. This embassy reported
that, for the purposes of investigating matters relating to Azerbaijan, it generally engages an
international organisation operating in Baku. This organisation has in turn several legal
consultants linked to its office, who can provide information obtained from Azerbaijani
authorities. The investigations of the Embassy undertaken with the assistance of legal
consultants lead to considering the wanted notice as a false document. It reiterates that it
consists of a “composition of words that is void of meaning” and that no information has
been found with the relevant national authorities to corroborate that the author has been
charged with a criminal offence. It adds that it has not been possible to find a second page of
the document because it is false and that, in any case, the burden of proof relies on the author,
who should be the one to produce a full copy of this document. It adds that the English
translation of the notice does not offer support to the complainant’s claim that he is wanted in
Azerbaijan for being a Talysh member of ADP, having left the country illegally and
instigating rebellion.
Issues and proceedings before the Committee
11.1 Before considering any claims contained in a complaint, the Committee against
Torture must decide whether or not it is admissible under article 22 of the Convention. The
Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the
Convention, that the same matter has not been and is not being examined under another
procedure of international investigation or settlement. In the present case the Committee
further notes that domestic remedies have been exhausted since the decision adopted by the
Swedish Migration Board on 3 March 2006 under the temporary amendments, and that the