Decision
The Committee against Torture, established under Article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the same matter has not been and is not being examined under another procedure of international investigation or settlement.
The Committee recalls its General Comment No.1 on article 3, which states that the Committee is obliged to assess whether there are substantial grounds for believing that the complainant would be in danger of being subjected to torture were he/she to be expelled, returned or extradited, the risk of torture must be assessed on grounds that go beyond mere theory or suspicion. However, the risk does not have to meet the test of being highly probable. The risk need not be highly probable, but it must be personal and present. In this regard, in previous decisions, the Committee has determined that the risk of torture must be foreseeable, real and personal.
The Committee notes the claim that R. K. would be tortured if deported to Azerbaijan on account of his past political activities, his activities as a journalist and a statement he gave before an Azeri court in 2004. It also notes that he claims to have been tortured in the past and in support of his claims has provided recent medical reports which, as highlighted by the State party, were not presented before the Migration Board The Committee observes that, although it is undisputed that R. K. was a member of the Musavat party, he concedes that he was not in a leading position in the party and has failed to adduce evidence about the conduct of any political activity of such significance as would still attract the interest of the Azerbaijani authorities. He has also failed to adduce evidence of his involvement in the demonstrations that accompanied the elections of 2003. He admits that he was not convicted of any charge following these demonstrations, and even if it were accepted, despite lack of evidence in this regard, that he had made a statement during the subsequent trial with respect to his involvement in the demonstrations, he was not arrested as a result thereof and is not wanted by the authorities. Indeed he has never been charged with, nor prosecuted for, any criminal offence in Azerbaijan.
The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes that the complainants’ removal to Azerbaijan by the State party would not constitute a breach of article 3 of the Convention.