CAT/C/40/D/301/2006
Page 7
5.2 The complainant states that the risk of torture in Azerbaijan goes beyond mere theory
or suspicion and that it must be considered highly probable, in view of prior harassment,
severe physical abuse and torture by the Azeri authorities. He contends that there are well
founded reasons that he will be persecuted and/or arrested due to his political beliefs if
returned to Azerbaijan. He points out to a certificate issued by the Musavat party where it is
stated that, should he return to Azerbaijan, he would face “a number of legal measures”2. He
argues that he is still of interest to the Azeri authorities.
5.3 As to the State party’s view that there is no general need for protection of asylum
seekers from Azerbaijan, the complainant submits that he has never made such a claim. He
questions whether the Swedish migration authorities apply the same kind of test as the
Committee when considering an asylum application under the 1989 Aliens Act. According to
him, decisions delivered by the Swedish migration authorities with regard to asylum –seekers
from Azerbaijan are routine decisions.
5.4 As to the authenticity of the documents submitted by the complainant as evidence, he
contends that all are genuine. As regards the summons of 31 August 2004, he refers to a
certificate issued by the Musavat party attesting to the fact that a J. Azizov did work at the
relevant authority. Moreover, it is not logical for him to submit one piece of forged evidence,
when all the rest has been confirmed as genuine. He states that his alleged lack of credibility
has affected the outcome of the Migration Board’s decision.
5.5 As to the complainant’s past torture, reference is made to certificates issued by
Danderyd University Hospital on 18 June 2007, where it is stated that, although the origin of
some scars in his body cannot be determined, there is nothing to suggest that they could not
have occurred as a result of blows with weapons, kicks and falls on hard surfaces. Reference
is also made to an expert psychiatric opinion, where it was concluded that the complainant is
probably suffering from Post Traumatic Stress Disorder (PTSD).
Additional comments by the parties
6.1
On 15 October 2007, the State party submitted the following additional comments.
6.2 As to the claim that the Swedish migration authorities issue “standard decisions”
concerning aliens from Azerbaijan, the State party submits that its domestic authorities first
assessed whether the general condition in Azerbaijan would be a sufficient basis for asylum
and then made an assessment of the particular circumstances invoked by the complainant.
6.3 As to the authenticity of the August 2004 summons, the State party contends that the
statement by the Musavat party concerning J. Azizov cannot be considered to effectively
refute the findings of an independent lawyer hired by the Swedish Embassy.
6.4 As to the medical certificates, the State party states that they are new to the case and
that they have not previously been presented to or assessed by the Swedish authorities or
courts. In its view, the certificates offer weak support for the complainant’s claim of past
torture as his scars are so discreet and unspecific that it is not possible to say exactly how
they were caused. The final conclusion of the forensic expert is that the findings of the
2
No information was provided as to the nature of those legal measures.