CAT/C//37/D/265/2005**
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-seventh session
concerning
Communication No. 265/2005
Submitted by:
A. H. (represented by counsel )
Alleged victim:
The complainant
State party:
Sweden
Date of complaint:
8 February 2005 (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 2006,
Having concluded its consideration of complaint No. 265/2005, submitted to the
Committee against Torture by A. H. 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 author of the
complaint, his counsel and the State party,
Adopts the following decision under article 22, paragraph 7, of the Committee against
Torture.
1.1 The complainant is A. H., an Azeri national born in 1971, currently detained in Sweden
awaiting deportation to Azerbaijan. He claims that his return would constitute a violation of
article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. He is represented by counsel. The Convention entered into force
for Sweden on 26 June 1987.
1.2 In accordance with article 22, paragraph 3, of the Convention, the Committee
transmitted the communication to the State party on 8 February 2006. Pursuant to rule 108,
paragraph 1, of the Committee’s rules of procedure, the State party was requested not to
expel the complainant to Azerbaijan while his case was pending before the Committee. The
State party acceded to such request.
The facts as presented by the complainant