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, 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. Furthermore, the Committee observes that considerable weight will be given, in exercising the Committee’s jurisdiction pursuant to article 3 of the Convention, to findings of facts that are made by organs of the State party concerned. The complainant has not convinced the Committee that the authorities of the State party which considered the case did not conduct a proper investigation. In addition, the complainant did not present any ID and claimed before Swedish authorities that there was no contact or reference in Azerbaijan which the State party could contact to receive information about his activities and the current situation. Anyway, the Committee is not bound by such findings and instead has the power, provided by article 22, paragraph 4, of the Convention, of free assessment of the facts based upon the full set of circumstances in every case.
The Committee has noted the claim that the complainant would be tortured if deported to Azerbaijan on account of his past political activities. It also notes that he claims to have been tortured in the past and that, in support of his claims, he provides medical reports from a hospital in Stockholm. These reports are not definitive, nor completely coinciding in their diagnosis. The psychiatric report states that it is possible that M.M. has psychiatric problems consistent with a posttraumatic stress disorder, while the forensic report states that the findings of the examination can strengthen/verify that torture has taken place.
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 complainant’s removal to Azerbaijan by the State party would not constitute a breach of article 3 of the Convention.