CAT/C/40/D/309/2006
Page 3
The facts as submitted by the complainants
2.1 In 1998, R. K. became a member of the Musavat party (opposition party) in Azerbaijan
and worked as a journalist for the Yeni Musavat (opposition newspaper). In 1998, he was
elected Secretary of the Musavat party in the Fizuli district. He was very active within the
party, participated in the organization of meetings and demonstrations and authored the
majority of the political articles published in Yeni Musavat. He set up another oppositional
newspaper called Reyting, which was well known for criticising the regime.
2.2 Due to his political activities, R. K. was harassed and physically abused on numerous
occasions. He was arrested three times (on 10 May 1998, in the Summer of 2001 and in June
2002), and was ill-treated in connection with meetings and demonstrations. During one of his
arrests in 1998, he was told by a deputy police commissioner that he had “aggravated” the
authorities. In 2001, he was ordered to pay damages for slander, having written an article
about a member of the People’s Front party 1 . In the same year, he was arrested while
interviewing refugees who were living in buildings due to be demolished. He was detained
until the same evening. In March 2002, R. K., I. G., who was then the Musavat party leader,
and other members of the party were on their way by car to a meeting when they were
attacked and physically abused by the police. Having described this incident in an article in
his newspaper on 24 March 2002, R. K. was threatened by the police. In June 2002, R. K.
was arrested after taking pictures of a woman who was beaten by the police. In May 2003,
the offices of the newspaper were raided by unknown persons and “things were thrown” at R.
K. Despite complaints to the police, no investigation was carried out and it is believed by the
complainants that the authorities sanctioned the raid. In May 2003, R. K. wrote about
President Eldar Aliyev’s deteriorating health, and immediately thereafter, the authorities
announced that the Musavat party and the Yeni Musavat would be shut down.
2.3 In October 2003, presidential elections took place in Azerbaijan. On 15 October, the
day before the elections, and on the election day itself, clashes took place between
government forces and opposition supporters. Hundreds of Musavat supporters were beaten
with rubber truncheons and fists in an unprovoked attacked. The headquarters of the Musavat
party were also attacked. The Ambassador of Norway warned the staff that their lives were in
danger and invited them to stay in the Norwegian embassy. R. K. stayed there that night.
Subsequently, he was asked to testify in a trial against members of the Musavat party who
had been charged with the instigation of the street riots. On 16 September 2004, R. K. made a
statement during the trial, in which he confirmed that he had encouraged the demonstrators to
march. Following this trial, and threats from the authorities, he and his family fled Azerbaijan.
2.4 On 5 October 2004, the complainants arrived in Sweden and applied for asylum. On 13
March 2006, the Migration Board rejected their application, considering that many of the
measures taken against R. K. in connection with demonstrations could not be seen as
targeting him personally. According to Swedish legislation in force before 31 March 2006,
applications for asylum were in the first instance examined by the Migration Board and were
then reviewed by the Aliens Appeals Board, which was the final instance (Aliens Act of
1989). After 31 March 2006, the Aliens Act 2005 entered into force, whereby the re1
On 21 November 2003, R. K. was ordered to pay further damages for slander with respect
to allegations of corruption in a school.