CCPR/C/121/D/2612/2015 Muslim Brotherhood, but had not carried out any activities for them; he had not participated in any political activities in Egypt; he did not perform the military service because he had to provide for his family and the salary was insufficient, and because the military did not help people; and no one from the authorities had looked for him between 2005 and 2008 after he failed to show up for military service. Asked why he would be imprisoned if that was the case when he was detained in 2008, he replied that, after the revolution in 2011, the situation became different and the authorities had everyone do military service. The author also submitted that he had participated in a Facebook group, in which it appeared that he supported former President Mohamed Mursi and the Muslim Brotherhood. To log in, he used the name F.Z. Asked how the Egyptian authorities would know that the account belonged to him, he replied that his photo appeared in the profile. However, he explained that his real name did not appear in any part of the profile as a safety precaution. Likewise, his real name did not appear in his Twitter account. 2.8 As requested, on 26 August 2014, the Danish Ministry of Foreign Affairs provided the Immigration Service with a memorandum on punishment of draft evaders in Egypt. 2 It stated that it was not possible for draft evaders to leave the country legally, since no male over the age of 18 would be issued a passport or permitted to leave the country without a certificate from the military granting permission to leave the country while drafted or granting an exemption from military service. The memorandum also stated that the penalty for evasion of conscription depended on the situation and on the age of the person. Notably, if the draft evader was over the age of 30 and simply did not show up for the medical examination or did not submit his papers to confirm his military status upon turning 18, he would have to stand trial in a military court and, if found guilty, would be punished by a minimum of two years in prison or a fine of between 2,000 and 5,000 Egyptian pounds or both penalties. According to the Military Prosecutor, the common practice in such cases is to hold a quick hearing session in a military court and impose a fine, but not a prison sentence. There is a provision in the Military Conscription Law No. 127 of 1980 specifically addressing leaving the country to avoid conscription. However, article 54 of the Law addresses all other violations and imposes a penalty of no less than two years in prison or a fine between 2,000 and 5,000 Egyptian pounds or both penalties. Since it was not possible to leave the country without submitting the relevant military documents, avoiding conscription in that manner would fall under “other violations” and would be punishable under article 54 of the Law or under stricter provisions in the Penal Code for civilians if the Military Prosecutor seeks the assistance of the General Prosecutor. If a draft evader left the country without presenting his military service documentation, he would be placed on the “wanted list” of the Egyptian authorities. He would then be subject to articles 50 or 54 of the Law or to stricter penalties under the Penal Code if the Military Prosecutor sought the assistance of the General Prosecutor. According to the Military Prosecutor’s Office, if a draft evader left Egypt, re-entered the country and was requested to contact the conscription office, then left the country again without doing so, he would be considered a repeat draft evader and subject to no less than seven years’ imprisonment under article 50 of the Military Conscription Law. However, the Military Prosecutor could seek the assistance of the General Prosecutor in such cases, and the draft evader would be classified as “wanted” by the authorities and a “stricter” penalty could be applied in accordance with the Penal Code. The penalty for draft evasion is normally enforced. 2.9 On 22 December 2014, the Danish Immigration Service dismissed the author’s request for asylum. Although it accepted the author’s explanation about his asylum motive, it did not find it probable that, if he returned to Egypt, he would be in a concrete and individual conflict with the Egyptian authorities. It noted that according to the author’s own accounts he had not been contacted by the authorities to do his military service between 2005 and 2008, prior to his departure from Egypt, nor had he been punished for his military evasion or illegal departure when he returned to Egypt in 2008, and he was able to get a new passport from the Egyptian embassy in Rome in 2012. In addition, even if the author would be punished for military evasion upon return to Egypt, the Immigration Service did not find that the possible imprisonment penalty to be disproportionally severe. The Immigration Service stated that the author’s support for former President Mohammed 2 The case file contains a copy of the memorandum. 3