CAT/C/38/D/296/2006
Page 8
5.2 The complainant criticizes the report obtained by the State party through its embassy in
Ankara, stating that the investigation was not conducted discreetly and many people were
aware that somebody was seeking information about him. He asserts that a report resulting
from an investigation conducted in this way should not be relied upon. With regard to the
State party’s concerns about contradictions in his statements, the complainant states that the
translators offered to them were mostly Azerbaijanis with Iranian origins who speak the old
Azeri language mixed with Persian which is hard for asylum seekers to understand. He notes
that, in consultation with his counsel, he made 17 corrections to the minutes of one of his
interviews.
5.3 In addressing the fact that the complainant has not presented a medical certificate for
consideration, he states that both he and his wife contacted Växjö hospital in Sweden several
times to request documents concerning his medical condition but the documents were not
forthcoming. He notes that, at his request, his former counsel had also attempted to get these
documents without success.
5.4 With regard to the authenticity of the arrest warrant dated 15 January 2004, the
complainant states that the police authorities in Azerbaijan work differently to their
counterparts in Europe in that all cases are not registered, particularly those relating to
persons involved in politics, and information concerning arrest warrants cannot necessarily be
obtained in all cases. The complainant believes that the authorities probably did not register
the case against him in order to create an image of respect for procedural rights.
Additional Comments by the State Party
6.1
On 22 March 2007, the State party submitted the following additional comments.
6.2 With regard to the interview process before the Swedish migration authorities, the State
party notes that the complainant was interviewed twice. On the first occasion, the interview
lasted 1 hour and 45 minutes and an interpreter translated into Russian. The investigator read
out the minutes to the complainant and the complainant stated that everything was correct.
On the second occasion, the interview lasted 2 hours and 55 minutes and an interpreter
translated into Azeri. The complainant, through his counsel, submitted comments on what he
considered to be errors in the minutes of this interview on 17 June 2004. On the second
occasion, the interview was conducted in the presence of the complainant’s counsel. The
complainant also submitted comments on the translation of some official documents on 21
October 2005. The State party submits that the complainant therefore had ample time to
explain and develop his reasons for seeking asylum in Sweden. The State party maintains
that the asylum investigation was carried out properly and thoroughly, the complainant
having had the opportunity to correct any possible misunderstanding of his statements.
6.3 With regard to the complainant’s criticism of the report obtained by the State party
through its embassy in Ankara, the State party stresses that there is nothing to indicate that
there are any reasons for questioning the reporting organisation’s working methods or the
qualities of its inquiries or conclusions and so sees no reason not to rely on the result of the
inquiry made in the present case. As regards the complainant’s assertion that he could not
obtain a medical certificate in Sweden, the State party responds that there is nothing to
indicate that it would have been impossible for him to acquire such a document following a
medical examination upon arrival in Sweden.