CAT/C/37/D/265/2005** Page 7 Additional submissions from the State party 8. On 5 July 2006, the State party provides the Committee with a translation of the wanted notice. It notes that the author submitted this document incomplete to the Swedish Migration Board and that, therefore, it has not been able to provide a full copy of this document. Additional comments by the complainant on the State party’s submission 9.1 By letter of 14 July 2006, the author stresses that the State party has confirmed his being a member of the Khatati branch of ADP. He notes that the membership card produced was also confirmed to be valid by the State party. This card was however issued while he was at hospital, with the help of Sadar Jalaloglu and his father. He contends that it was not difficult to obtain such a card with Jalaloglu’s help. The author received this card just before fleeing to Sweden. He adds that he is well acquainted with Jalaloglu, who is a good friend of his father. He met Jalaloglu several occasions through his father and he has even a dedicated book by him. He contends that he has been in contact with Jalaloglu, who acknowledged that he was questioned by Azerbaijani police and denied knowing him because Jalaloglu himself was in trouble with the authorities and did not want to worsen his situation. 9.2 The author notes that, according to the interpreter of the Swedish Embassy in Ankara, the wanted notice was incomprehensible. However, this notice has in fact been translated and seems both logic and comprehensible. Additional submissions from the State party 10. On 28 September 2006, the State party notes that, in order to obtain a translation of the notice, it requested assistance from the Swedish Embassy in Ankara. This embassy reported that, for the purposes of investigating matters relating to Azerbaijan, it generally engages an international organisation operating in Baku. This organisation has in turn several legal consultants linked to its office, who can provide information obtained from Azerbaijani authorities. The investigations of the Embassy undertaken with the assistance of legal consultants lead to considering the wanted notice as a false document. It reiterates that it consists of a “composition of words that is void of meaning” and that no information has been found with the relevant national authorities to corroborate that the author has been charged with a criminal offence. It adds that it has not been possible to find a second page of the document because it is false and that, in any case, the burden of proof relies on the author, who should be the one to produce a full copy of this document. It adds that the English translation of the notice does not offer support to the complainant’s claim that he is wanted in Azerbaijan for being a Talysh member of ADP, having left the country illegally and instigating rebellion. Issues and proceedings before the Committee 11.1 Before considering any claims contained in a complaint, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the same matter has not been and is not being examined under another procedure of international investigation or settlement. In the present case the Committee further notes that domestic remedies have been exhausted since the decision adopted by the Swedish Migration Board on 3 March 2006 under the temporary amendments, and that the

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