CAT/C/48/D/424/2010
certain contradictory statements. Inter alia, the complainant first submitted that it was his
mother-in-law who worked as a prosecutor, only to claim later that it was his father-in-law
who was a prosecutor. Additionally, the complainant provided different reasons for leaving
Azerbaijan. First, he stated that he was not able to obtain employment due to his political
activities, and that he did not want his brothers to support him. After two months he
changed his story, and claimed that he was forced to leave Azerbaijan because he was
sought by the police.
4.12 The State party submits that the complainant has not submitted any evidence that he
had been wanted for or accused of any crimes in Azerbaijan. In addition, M.Z.A. has not
claimed to have been arrested or interrogated while in Azerbaijan. The complainant has
provided very vague information concerning the alleged threats against him. The State
party submits that there is no evidence or any other reason to believe that the complainant
would be subjected to torture if returned to Azerbaijan.
Complainant’s comments on the State party’s observations
5.1
On 18 March 2011, the complainant commented on the State party’s submission of
30 December 2010. He reiterates his position that it was his father-in-law who helped him
to avoid being arrested. Because of this, the complainant had to escape from Azerbaijan.
This decision was made in consultation with his father-in-law, who, according to the
complainant, confirmed that he was wanted by the police.
5.2
The complainant further reiterates that he was politically active as a member of the
AMIP party in Azerbaijan, and became active with the Musavat party while in Sweden. He
submits that his political beliefs are well known to the authorities in Azerbaijan. The
complainant claims he has submitted extensive written evidence to prove his political
beliefs and activities.
5.3
The complainant further argues that once he has provided a certain level of detail
and information, the burden of proof then shifts to the State party.6 In order to further verify
his claims, the complainant submits a certificate from the Popular Front Party of
Azerbaijan. The certificate provides that the complainant has written more than 150
comments in the Azadliq newspaper and appeared in several online videos. The
complainant submits that despite some improvements with the human rights situation in
Azerbaijan, there still exists a pattern of gross, flagrant and mass violations.
5.4
The complainant claims that he has provided sufficient information and details about
his need for asylum and protection in Sweden or elsewhere outside of Azerbaijan. He
further argues that his story is confirmed by the written evidence that he has presented. The
complainant reiterates that if he is returned to Azerbaijan, he will be arrested for his
political beliefs, and tortured.
State party’s further observations
6.1
By note verbale of 7 November 2011, the State party submitted its further
observations, stating that while the situation in Azerbaijan as regards freedom of
expression, freedom of press and freedom of assembly remains problematic, it does not
change the assessment of the complainant’s need for protection. The State party disputes
that the complainant provided sufficient information for the burden to shift to the State
party.
6
6
The complainant refers to communication No. 149/1999, A.S. v. Sweden, Views adopted on 24
November 2000.