CAT/C/39/D/308/2006
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September 2003. During the interview, R. A. stated, inter alia, that during his military service
in July 2001, he was beaten, hit with weapons and tortured due to his mother being
Armenian. For this reason, he fled from military service after 65 days. After that, he moved
around to different places, never publicly revealed his full name and was in hiding from the
authorities for two years. He and the complainant got married in April 2003 and settled down
in a village (in Azerbaijan), where he worked on a farm looking after animals. On an
unspecified date, his supervisor requested him to register in that village. Fearing that the
authorities and people around him would find out about his mixed ethnic background, he did
not comply with the request. R. A. claimed that a person with an Armenian mother runs the
risk of losing his or her citizenship and, at worst, of being murdered.
2.3 The complainant stated that she had no separate reasons to seek asylum and that she
subscribed to her husband's reasons for seeking asylum. During the second interview, she
confirmed that R. A. was abused during his military service.
2.4 On 10 October 2003, R. A. was injured in a car accident in Sweden. He suffered, inter
alia, a cerebral haemorrhage and a fractured thigh. Initially, he was treated at the hospital in
Umea but was later transferred to Sunderby Hospital in Lulea. He was discharged from
Sunderby Hospital on 19 December 2003.
2.5 The Migration Board conducted a second interview with the complainant and her
husband on 10 February 2004 (a complete asylum investigation). On that occasion, R. A. was
using crutches. During the interview, he stated, inter alia, that the car accident caused a
cerebral haemorrhage and he had undergone four surgical operations. Since the accident he
had suffered memory loss and had difficulties walking and moving his right hand. He
remembered having lived in a village, outside Baku, but could not give any details in this
regard. He did not remember where he had been registered, where he had gone to school, or
the name of his former employer. He had had many problems in Azerbaijan, but did not
remember that they were of the character and magnitude that he had described in the first
interview. R. A. was unable to provide the interviewer with any detailed information about,
for example, his journey to Sweden, or to elaborate on the reasons he had previously given
for seeking asylum. The interviewer informed R. A. that he was expected to submit a medical
certificate and, if deemed necessary, that a complementary investigation would be conducted
at a later date. Concerning his identity, R. A. stated that he had given his passport to the
person who brought him to Sweden and was not in possession of any other documents.
2.6 On 12 February 2004, the complainant and her husband were appointed a professional
counsel. In a submission of 27 February 2004, counsel confirmed that the reasons for seeking
asylum were correctly reproduced in the record of 10 February 2004 and stated, inter alia,
that R. A. suffered from double vision and his right hand was partially paralysed as a result of
the cerebral haemorrhage. Every month he underwent medical examinations at the
neurological clinic at the hospital in Lulea. For the time being, R. A. was to take twenty
different tablets a day. In his home country, he would not be able to receive the care his
medical condition required. These circumstances constituted humanitarian reasons for
granting a residence permit. Moreover, if returned to Azerbaijan, R. A. would be arrested and
interrogated for deserting military service.
2.7 The records from the hospital in Lulea, including the hospital discharge records of 19
December 2003, were attached to the counsel’s submission. These records described R. A.’s