CAT/C/41/D/306/2006
Page 3
The facts as presented by the complainants:
2.1 On 14 January 2001, E. J, who was a student in Baku, joined the Azerbaijan Democratic Party
(ADP), an opposition party aiming at establishing democracy in Azerbaijan and defending human
rights. E. J. occupied several posts in the party, including party secretary in the Nerimov District
between 18 March and 21 October 2001. Subsequently, he became an “instructor” and was
responsible for “strategic questions and education”. According to the complainants, as a
consequence of his active participation in the ADP, E. J. was expelled from his university and from
the professional basketball team in which he was playing.
2.2 On 21 June 2003, E. J. was arrested while demonstrating in Baku. He was brought to the
police station where he was detained with other ADP members for ten days. He claims to have been
exposed to physical abuse by two policemen. In particular, he claims that he was kicked and hit
repeatedly with a truncheon over his body every day for periods of 30 minutes, until he was released
on 1 July 2003.
2.3 On 16 October 2003, E. J. was arrested a second time while demonstrating against the alleged
irregularities of the presidential elections. He was found guilty for having hit a policeman, which he
denies. He was then sentenced to fifteen days and detained for this period. He claims that he was
subjected to repeated severe physical abuse, as a result of which he once lost consciousness. He does
not describe the type of treatment received but says that it was carried out in the same way as during
his first arrest but was more severe. He contends that, while in detention, he was put under pressure
by the authorities to end his political activities within the ADP.
2.4 The complainants argue that E. J.’s arrests, the humiliation and the severe physical abuse he
was exposed to were not only the results of his involvement in the demonstrations, but were related
to his active participation in the ADP. He is convinced that the authorities wanted to set an example
to dissuade others from engaging in political activities.
2.5 In the beginning of 2004, E. J. and his wife claim to have been constantly threatened by the
authorities. Following such threats, A. J. who was pregnant at the time became very stressed and had
to undergo a Caesarean section during which their son was born with disabilities. On 20 May 2004,
E. J. took part in yet another demonstration, during which the police arrived and beat demonstrators
with truncheons. Some demonstrators were arrested but E. J. managed to escape1. Subsequently, he
and his family fled to the Russian Federation and then to Sweden where they applied for asylum on
12 August 2004.
2.6 On 31 May 2005, the complainant’s application for asylum was rejected by the Migration
Board. The Board noted that Azerbaijan was a member of the Council of Europe (CoE) and has
undertaken legal reforms to ensure the respect for human rights. It did not contest the facts presented
1
During his first interview, E.J produced the following documents: an identity card, ADP
membership, three political party documents and two what he refers to as “arrest warrants”. He
provides no explanation of these documents.