CAT/C/39/D/308/2006 Page 3 military, warrants, etc.; (5) copies of all decisions by the Swedish migration authorities and any documents related to the deportation date; and (6) confirmation whether the complainant and her family were in hiding at the time of submission of the complaint. 1.3 The complainant replied on 19 and 23 October 2006, and on 17 November 2006. She confirmed that her family was not in hiding and provided partial information on some of the above questions. Information received from the complainant is incorporated into the factual background. Many of the questions reproduced in paragraph 1.2 above, however, remained unanswered. The complainant, inter alia, did not adduce any documentary evidence attesting to R. A.’s mistreatment in the Azerbaijani military. 1.4 No deportation date was provided, as the Swedish authorities have allegedly refused to indicate the exact date, but the complainant claimed that the deportation could happen any time. She does not invoke any specific articles of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the facts as presented, however, may raise issues under article 3. 1.5 In accordance with article 22, paragraph 3, of the Convention, the Committee transmitted the communication to the State party on 24 November 2006, and requested it, under Rule 108, paragraph 1 of the Committee's rules of procedure, not to expel the complainant and her family to Azerbaijan while their complaint is under consideration by the Committee. The request was made on the basis of the information contained in the complainant's submissions and could be reviewed at the request of the State party in light of information and comments from the State party and the complainant. 1.6 By submission of 9 May 2007, the State Party informed the Committee that following the request by the Special Rapporteur on New Complaints, the Swedish Migration Board decided on 5 December 2006 to stay the enforcement of the expulsion orders against the complainant and her family. Factual background1 2.1 The complainant and her husband are Azerbaijani nationals of Azerbaijani origin, although R. A.'s mother is claimed to be of Armenian ethnicity. R. A. was 10 years old at the time when an armed conflict between Azerbaijan and Armenia broke out. His mother had to leave Azerbaijan, leaving her son behind with his father. R. A. was hidden by his father for a long time and could not go to school. When he was 16 years old, the authorities refused to issue him an Azerbaijani passport. When he attained the age of military duty, he hid for several months in order to avoid being enlisted, as he feared that anything could happen to him while in the Azerbaijani army. On an unspecified date, his whereabouts were established by the Azerbaijani authorities and he was made to serve. 2.2 The couple applied for asylum in Sweden on 8 September 2003, allegedly three days after they arrived. They carried neither travel nor identity documents; no identity documents, or other documents issued by Azerbaijani authorities, were presented to the Swedish asylum authorities. An initial interview was conducted with the complainant and her husband on 15 1 As the facts were unclearly described by the complainant, the factual background in the present complaint was reconstructed mainly on the basis of the decisions of the Swedish authorities.

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