CAT/C/39/D/303/2006
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4.9 On the authenticity of the documents provided by the complainant, the Embassy
reported the following: firstly, regarding a card allegedly certifying his status as an election
observer during the election in 2000, G. A., Chairman of the AXCP’s General Assembly
stated that he cannot recall that any such document had been issued to the complainant.
According to the person that takes care of election matters at the party’s office, the kind of
election observer document presented by the complainant was not issued for the election in
2000. In view of this information, the Embassy concluded that the information was false.
Secondly, regarding three documents submitted during the national proceedings (two of
which were submitted to the Committee), allegedly signed by G. A., Chairman of the AXCP,
the Chairman confirmed that he did sign these documents but cannot verify the information
therein, as he only signed these documents having been asked by the complainant’s family to
do so and because of his close relationship with the complainant’s uncle. Thirdly, the
Embassy notes that a newspaper article published in “Azaddliq” on 17 February 2005,
although confirmed to be genuine, states that the complainant left Azerbaijan because of his
health. Fourthly, regarding a statement allegedly signed by F. U. of the World Azerbaijani
Congress, F. U. himself stated that it was false. Fifthly, regarding two documents alleged
issued by the organization Human Rights in the XXI Century the Embassy reported that both
documents are false. Lastly, as to two documents issued by the Azerbaijan Foundation of the
Democracy Development and Human Rights Protection, these were also reported to be false.
4.10 According to the State party, the Embassy has been unable to find any information to
support the complainant’s allegations either that he was summoned by the police in 2003 and
2004, or that his brother was arrested in August 2005 as he claimed to the domestic
authorities. The Embassy concludes that the human rights situation in Azerbaijan deteriorated
during the autumn of 2006, in particular regarding the freedom of the press. However, it has
not affected the opposition’s activities in the country. The opposition remains divided in
fractions and is not very powerful. There is no reason for the authorities to be interested in the
activities of a member of the opposition at a low level. As to his relationship with S. M., the
latter himself travels regularly to and from Azerbaijan without any difficulties. According to
information obtained from individuals close to the complainant, his sole reason for leaving
Azerbaijan was to seek treatment for his kidney problem. The State party’s submits that this is
confirmed in an article submitted by the complainant, in which the author’s own brother
confirms that this was the reason for his departure.
4.11 The State party submits that the fact that the complainant has submitted a number of
false documents to the Swedish authorities and the Committee raises serious doubts as to his
credibility, as well as raising issues regarding the accuracy of the statements he has made in
support of his claims of a violation of article 3. Such doubts are also relevant in respect of his
allegation that he was tortured previously in Azerbaijan. Even if medical evidence concludes
that he has suffered from violence with blunt and sharp instruments, the State party submits
that there is no evidence to suggest that this violence was caused by the Azerbaijani
authorities or to support the allegation that his kidney problems arose as a result of the torture
he was allegedly subjected to while detained in 2003. There is, the State party submits, in fact
a medical report from 10 March 2005, which suggests the contrary when stating that there “is
no connection between imprisonment or physical abuse and the illness of nefrotic syndrome”.
The Embassy’s investigation also reported that it is highly unlikely that when the complainant
tried to leave the country in March 2004 he was arrested on suspicion of murder and illegal
possession of drugs and that ten days later while being transported to trial he managed to
escape. The State party submits that the author is not wanted by the authorities nor is he under
indictment in Azerbaijan.