CAT/C/41/D/332/2007
Page 3
The facts as presented by the complainant
2.1 In mid - December 1999, the complainant contacted one of the vice presidents of the
Musavat party, Mr. Q. H. He remained in regular contact with him, without becoming an official
member of the party. On 10 January 2003, the complainant formally became a member of the
Musavat party and began working for it. The complainant’s job, which was mainly to recruit new
members and to sell the party’s official magazine, continued until the presidential election in
Azerbaijan on 15 October 2003.
2.2 The Musavat party did not win the election. A demonstration against the alleged rigging of
the election was scheduled to take place the day after. On 16 October 2003, the complainant and
some 4000 to 5000 Musavat supporters started a march from the party headquarters to the
Freedom square. The authorities tried to disperse the demonstrators. The complainant and
several other demonstrators were arrested and brought to remand prison. On 17 October, he was
transferred to Bayel prison in Baku.
2.3 The complainant was not exposed to inhuman treatment during the first week, but the
security guards regularly insulted prisoners. On 24 October 2003, the complainant was brought
to the prison manager, Mr. M., and was asked to provide the names of other demonstrators. The
complainant refused, and Mr. M. insulted him and his family.
2.4 During the night of 25 to 26 October security guards covered the complainant’s head with
a hood and carried him out of his cell. After being exposed to verbal abuse and threats, the
complainant reconfirmed that he was unwilling to cooperate. His head still covered with the
hood, he received punches and kicks all over his body. He was also beaten with a blunt object.
After approximately 15 minutes, he lost consciousness.
2.5 The complainant was denied medical care. It took ten days before he was able to stand up
again and walk. Then he was brought again to the interrogation room, where he again was
subjected to inhuman treatment. The same as during the night of 25 to 26 October was repeated
several times. The complainant reaffirmed that he remained unwilling to cooperate. During the
following period the complainant was systematically tortured. He had no access to a lawyer and
the authorities did not give any reason for his detention.
2.6 On 20 December 2003, the complainant decided to cooperate. He gave the names of five
other demonstrators. On 15 March 2004, he was informed that if he wanted probationary release,
he had to work undercover in the party so that he could inform the authorities about activities of
the Musavat party. He refused to comply. On 25 March 2004, he was brought to a room with a
hood over his head, his arms were chained while his legs were put into cold water. When the
water reached a temperature considered to be too warm, the pool was refilled with cold water.
The complainant does not remember how many times this procedure was repeated, but the
treatment caused unbearable pain.
2.7 On 1 April 2004, the complainant stated that he was willing to cooperate with the
authorities. He was trained in recovery of the type of information the authorities were interested
in. On 1 July 2004, the complainant was temporarily released. His and his wife’s passports were
confiscated by the authorities.