he managed to escape after a few days, when the police station was attacked
by the Transnistrian independence army.
2.2 In August 1992 the author and many others deserted from the Bender
guards, since in the author's view the unit had become too independent in its
attempts to provoke continued fighting with the Moldovan army despite
ongoing peace negotiations with the Transnistrian independence army. The
author claims that he stayed with a friend in Tiraspol, in order to hide from
both the Moldovan and local Transnistrian police, who cooperated in their
search for members of the Bender guards.
2.3 The author claims that he was again arrested in November 1992 and
eventually brought to the Osjtj 29-11 prison in Balti, in the north of
Moldova. The author was unofficially told that he was arrested because of
his service in the Bender guards. He was allegedly held for almost three
years without trial. The author submits that while in prison he was
repeatedly subjected to abusive and degrading ill-treatment. He was
allegedly beaten by other prisoners between 40 and 50 times, which resulted
in loss of consciousness on several occasions. The prison guards not only
ignored his treatment by the other prisoners, but instigated and contributed
to it, and occasionally put him in a solitary confinement cell. The author
further submits that the prison guards also mistreated him by beating and
kicking him, mainly on the head.
2.4 In August 1993, the author was sentenced to 13 years in prison,
presumably for treason, illegal possession of weapons and resisting arrest.
Two years later, in August 1995, the author was again brought to court as a
witness in another trial and managed to escape from the three prison guards
escorting him. The author arrived in Sweden, via Ukraine, Russia and
Finland, on 15 December 1995 and applied for asylum the following day.
2.5 On 21 October 1996 the Swedish Board of Immigration rejected the
author's request. The author appealed the decision to the Aliens Appeal
Board and following an additional oral hearing with the author on 5
February 1999 the appeal was rejected on 18 March 1999.
Complaint
3. With reference to the facts presented, the author fears that he will be
subjected to renewed torture if he is returned to Moldova and that his forced
return would therefore constitute a breach by Sweden of article 3 of the
Convention.
State party's observations on admissibility