CAT/C/40/D/301/2006
Page 10
the alleged events occurred, he would still be at risk of being subjected to torture if returned
to Azerbaijan in the near future.9
8.5 As regards the complainant’s past political activities, although it is undisputed that Z. K.
was a member of the Musavat party, it is not clear to the Committee that his activities as a
party member were of such significance that he would attract the interest of the authorities if
returned to Azerbaijan. In addition, the evidence submitted by the complainant does not
reveal that he is currently being searched in that country. With respect to his political
activities in Sweden, the complainant has not provided any information that he has been
involved in Azerbaijani politics from Sweden, outside of the 26 April 2005 protest, so as to
attract such interest or experience persecution.
8.6 In light of all the above, the Committee is not persuaded that the complainant would
face a real, personal, and foreseeable risk of torture if deported to Azerbaijan and therefore
concludes that his removal to that country would not constitute a breach of article 3 of the
Convention.
9.
The Committee against Torture, acting under article 22, paragraph 7, of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes
that the complainants’ removal to Azerbaijan by the State party would not constitute a breach
of article 3 of the Convention.
[Adopted in English, French, Russian and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic and Chinese as part of the Committee’s annual
report to the General Assembly.]
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9
Communication No. 245/2004, S.S.S. v Canada, Views of 16 November 2005 and
Communication No. 126/1999, Haad v. Switzerland, Views of 10 May 2000.