Complainant’s response
On 31 October 2006, the complainant’s counsel
responded to the State party’s submission. He
stated that he had had a meeting with the Swedish
Ambassador on 24 January 2006. During this
meeting, counsel emphasized that it was essential
that the embassy continue their visits as regularly
as it has been doing. According to information
available to counsel, the post-surgery treatment for
his back has been inadequate and his recovery
unsatisfactory. The Embassy promised to continue
to emphasize the importance of necessary medical
care within the diplomatic framework. However, it
was reluctant to make a request to the Egyptian
Government for telephone contact between
Mr. Agiza and his wife and children who remain in
Sweden as refugees. The Ambassador was unclear
as to whether he would request the complainant’s
retrial. Counsel provided arguments as to why his
trial in April 2004 was unfair and also requested
that the prohibition on the complainant returning to
Sweden be lifted, in the event that he is released
from prison at some stage in the future. According
to the Ambassador, this is up to the Migration
Board. Counsel requested the State party to
consider having a retrial in Sweden or to allow him
to complete his imprisonment there (as suggested
by the Special Rapporteur on Torture) but the State
party responded that no such steps are possible. In
addition, requests for compensation ex gratia have
been refused and it was suggested that a formal
claim should be lodged under the Compensation
Act. This has been done.
According to counsel, although the monitoring
aspect of the State party’s efforts is satisfactory its
efforts as a whole are said to be inadequate with
respect to the request for contact with his family in
Sweden, a retrial etc.
Case
279/2005, C.T. and K.M.
Nationality and country of removal if
applicable
Rwandan, Rwanda
Views adopted on
17 November 2006
Issues and violations found
Removal - article 3
130
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