CAT/C/39/D/308/2006
Page 2
ANNEX
DECISION OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22 OF THE
CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR
DEGRADING TREATMENT OR PUNISHMENT
Thirty-ninth session
Concerning
Communication No. 308/2006
Submitted by:
K. A. (not represented by counsel)
Alleged victims:
The complainant, the complainant’s husband,
R. A. and their children, A. A. and V. A.
State party:
Sweden
Date of complaint:
16 October 2006 (initial submission)
The Committee against Torture, established under Article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 16 November 2007,
Having concluded its consideration of complaint No. 308/2006, submitted to the
Committee against Torture by K. A. in her name and on behalf of her husband, R. A., and
their children, A. A. and V. A., under article 22 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainants,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against Torture
1.1 The complainant is K. A., an Azerbaijani national, born in 1978. She submits the
complaint in her own name and on behalf of her husband, R. A., an Azerbaijani national,
born in 1978, and their children, A. A. and V. A., born in Sweden in 2004 and 2005,
respectively. The complainant and her family were awaiting deportation from Sweden to
Azerbaijan at the time of submission of the complaint. The complainant is unrepresented.
1.2 It was unclear from the initial submission dated 16 October 2006 what the facts of the
case were and whether all domestic remedies have been exhausted. On 17, 19 and 26 October
2006, and on 22 November 2006, the complainant was requested to provide detailed
information on the facts of the case, substantiation of the claims and supporting documents.
Specifically, the complainant was requested to provide (1) further details and explanations as
to what happened in the past in Azerbaijan and what she and her husband would risk if
returned there; (2) information about why her husband was mistreated while serving in the
military; (3) explanations as to why she thought that R. A. would be mistreated if he was to
serve a prison term; (4) copies of any medical reports attesting to R. A.’s mistreatment in the