CAT/C/39/D/303/2006 Page 7 Complainant’s comments on the State party’s observations on the admissibility and the merits 5.1 The author submits that he stayed in Moscow only until arrangements had been made for his trip to Sweden, and that he only passed through Germany. He was active in the youth section of the political party, which accounts for the responsibility given to him at such a young age. He and his brother preferred to have the police think that the former had left the country due to medical problems, so as not to draw the attention of the authorities to the real reason he fled, i.e. to seek asylum. According to the medical opinions from the Crisis and Trauma Centre, Danderyd Hospital, the complainant’s clinical condition is consistent with the circumstances he described, and that his post-traumatic stress disorder and physical illness was caused as a direct result of torture in his home country. 5.2 As to the general human rights situation in Azerbaijan, the complainant states that there are independent sources which describe the current human rights situation as worse than before, particularly with respect to freedom of speech, arbitrary and politically motivated arrests, poor conditions of detention, and torture in police custody.4 Bearing in mind the systematic oppression of political dissidents and journalists, it was not improbable to the complainant that the individuals referred to in paragraph 4.9 would not wish to be affiliated with documents expressing severe critic against the regime. Some of those individuals contacted had already served long prison sentences and thus have an even greater reason not to let the authorities know about their political activities. As to the lack of documentation of the police’s interest in the complainant, the latter concludes that a regime with a notorious record of arbitrary detention and human rights abuses against detainees often purposely fails to register them, to avoid accountability for such violations. The author adds that according to Swedish government’s report on the human rights situation in Azerbaijan, political dissidents have on several occasions been convicted to long prison sentences, on charges of fabricated drug crimes. 5.3 In his appeal of 5 June 2007 to the Migration Court, the complainant presented new information, including articles published in Turkish newspapers dated January 2007 where he is cited as the source for information from 2001 implicating a Turkish General in the military training of terrorist groups in Azerbaijan. The complainant stated that the article attracted much attention notably because of the allegation that the group was involved in the assassination of a Turkish journalist. Further submissions by the State party 6. On 20 August 2007, the State party informed the Committee that on 6 July 2007, the Migration Court in Malmö rejected the author’s appeal of 5 June 2007. Regarding the documents submitted by the complainant to the Migration Court (including, inter alia, articles from Turkish newspapers) the Migration Court held that these were not such new circumstances that could constitute grounds for impediments of enforcement. The State party also informed the Committee that the complainant had filed an appeal against the Migration Court’s judgment with the Migration Court of Appeal. On 11 September 2007, the State party informed the Committee that on 31 August 2007, the Migration Court of Appeal rejected the complainant’s request for leave to appeal, decision which is final. 4 Human Rights Watch Report, January 2007; Amnesty International Report, May 2007; and U.S. State Department Country Situations Reports, March 2007.