CAT/C/41/D/306/2006
Page 8
the same kind of test as the Committee when considering an application for asylum under the 1989
Aliens Act, as the test applied is one of a “well-founded fear” rather than “substantial grounds” for
believing that an applicant would be subjected to torture, as in the Convention. According to the
complainants, the decisions of the authorities should be regarded as “standard decisions” with regard
to asylum seekers from Azerbaijan claiming persecution on grounds of political belief. On the
general human rights situation in Azerbaijan, the complainants submit that the situation has
deteriorated and refers to two reports from the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment of the Human Rights Council, in the basis of which
the complainants’ consider that there is a consistent pattern of gross, flagrant and/or mass violations
of human rights within the meaning of article 3 of the Convention, in Azerbaijan6. They also refer to
the Ministry of Foreign Affair’s report of 2006, which states that as a whole the human rights
situation did not improve in 2006. It underlines the existence of torture and ill-treatment, restrictions
on the freedom of speech, the oppression of civil society, police brutality and arbitrary arrests.
State party’s supplementary submission:
6.
On 22 September 2008, the State party submits that it has in several previous complaints
before the Committee asked for the assistance of one of its embassies in order, inter alia, to verify
information or documents submitted by the complainants concerned, in particular, in relation to
asylum seekers from Azerbaijan. From the Views of the Committee in these cases7, it is evident that
the reports from the Embassy in Ankara also include findings that verify information submitted by
the concerned complainant as well as the authenticity of documents invoked. The State party
submits that the Embassy in Ankara is well aware of the importance of the integrity and discretion
of the person chosen, as well as the sensitivity of the issues involved. The Embassy normally uses
external expertise for its reports in these cases, it exercises great caution in selecting suitable persons
to assist it and the persons chosen are independent of the authorities and political parties in
Azerbaijan. On this occasion, the Embassy used the services of a human rights lawyer in Baku who
has a wide network of contacts among human rights organisations and opposition political parties in
Azerbaijan. The State party is of the view that it is legitimate not to identify the lawyer engaged for
security reasons and states that his services were previously used in relation to another case decided
by the Committee: Z.K. v. Sweden, Communication no 301/2006, Views adopted on 9 May 2008,
para. 4.5. In addition, the conclusions presented in the report are supported by verifiable facts.
6
It is not clear to which reports the complainants are referring. No information is provided by the
complainants in this regard.
7
The State party refers to: A.H. v. Sweden, Communication No. 265/2005, Views adopted on 16
November 2006; E.R.K. and Y.K. v Sweden, Communications Nos. 270/2005 and 271/2005, Views
adopted on 30 April 2007; and E.V.I. v. Sweden, Communication No. 296/2006, Views adopted on 1
May 2007; and Z.K. v. Sweden, Communication No. 301/2006, Views adopted on 9 May 2008.