pelled from Sweden "if tiiere is founded reason to
assume that he belongs to, or works for, [a terrorist]
organization or group", as defined in section 20, and if
"there is a danger, considering what is known about his
previous activities or otherwise, that he will participate
in Sweden in an act" as referred to in section 20. Section
20 defines a terrorist organization or group as "an
organization or group which, considering what is
known about its activities, can be expected to use
violence, threat or force outside its home country for
pohtical purposes and, in this connection, to commit
such acts in Sweden". According to section 30 of the
Aliens Act, the decision to expel an alien would in these
cases be taken by the Government, which, however,
must first hear the views of the Central Immigration
Authority. According to section 31 expulsion has to be
preceded by an interrogation of the person concerned.'
2.5 The decision of the Swedish Government to ex
pel her is contested by the author on the ground that it
was based only on the allegation that she had had such
contact with Krocher and other persons involved in the
kidnapping plan that she was not hkely to have re
mained ignorant about the planned abduction. She
denies such knowledge and argues further that even if
she had had such knowledge this would not have been a
sufficient basis to expel her under the Aliens Act
because that law stipulates that the person concerned
has to belong to, or work for, an organization or group
as described by its provisions. Mere knowledge of
planned terrorist activities was, therefore, in her sub
mission, not sufficient to justify an expulsion in accord
ance with the law. In addition, she points out that
Krocher and other persons involved had not formed a
group or organization as described by the Aliens Act.
They were just several young persons of various na
tionalities who had met in Stockholm, and therefore
their "home country" in that context should be con
sidered to be Sweden.
2.6 For these reasons the author considers that the
decision to expel her from Sweden, while she was
lawfully staying in that country, was not taken in ac
cordance with Swedish law and was therefore in viola
tion of article 13 of the International Covenant on Civil
and Pohtical Rights.
2.7 The author states that all available domestic
remedies have been exhausted.
3. On 14 March 1980 the Working Group of the
Human Rights Committee decided to transmit the com
munication to the State party, under rule 91 of the pro
visional rules of procedure, requesting information and
observations relevant to the question of admissibility.
(b) That, in accordance with article 4 (2) of the Op
tional Protocol, the State party should be requested to
submit to the Committee, within six months of the date
of the transmittal to it of this decision, written explana
tions or statements clarifying the matter and the
remedy, if any, that may have been taken by it.
6.1 In its submission under article 4 (2) of the Op
tional Protocol, dated 8 December 1980, the State party
stated that Anna Maroufidou was arrested on 4 April
1977. She was interrogated by the pohce on 15, 25 and
26 April. On 28 April 1977 the Central Immigration
Authority declared that, in its opinion, there was good
reason to assume that Anna Maroufidou belonged to,
or worked for, an organization of the kind dealt with in
section 20 of the Ahens Act, and that there was a danger
that she would participate in Sweden in an act envisaged
by that article. The Central Immigration Authority
therefore concluded that the conditions for her expul
sion pursuant to section 29 of the Aliens Act were
fulfilled. On 5 May 1977 the Swedish Government
decided to expel Anna Maroufidou and the decision was
immediately executed. In a petition dated 15 September
1978 Anna Maroufidou, through her lawyer, asked the
Government to revoke its decision to expel her. After
obtaining the comments of the National Board of the
Police as well as the reply of Anna Maroufidou's lawyer
to these comments the Government decided on 14 June
1979 to reject the petition.
6.2 As to the application of article 13 of the Cov
enant, the Swedish Government is of the opinion that
article 13 requires that there shaU be a legal basis for a
decision regarding expulsion. The decision shall be
taken by a pubhc authority which has competence in the
matter, and in accordance with procedure prescribed by
law. The decision shall also be taken on the basis of
legal provisions or rules which lay down the conditions
for expulsion. On the other hand, the interpretation of
national law must primarily be the task of the compe
tent national authorities. In this regard the task of the
Human Rights Committee should be limited to an ex
amination of whether the national authorities inter
preted and apphed the law in good faith and in a
reasonable manner.
6.3 The State party pointed out that the conditions
for expulsion which were found to be fulfiUed in the
case of Anna Maroufidou were laid down in sections 20
and 29 of the Ahens Act. The provisions of these articles
were interpreted and applied by the State party in good
faith and in a reasonable manner. Krocher and his col
laborators must be considered to constitute an organiza
tion or group of the kind envisaged in section 20, and
there were clear indications that Anna Maroufidou had
been actively involved in the work of that organization
or group. She was known to have found a flat for
Krocher and to have taken steps, after Krocher's arrest,
to remove from the flat objects which were of interest as
evidence against Krocher. Suspicions against Anna
Maroufidou were further strengthened by certain ob
jects (masking equipment, etc.) which were found in her
possession. Subsequent disclosures, in particular at the
trial against the Swedish nationals involved in the
4. The State party, in its reply of 19 May 1980, did
not contest the admissibility of the communication, but
reserved its right to reply on the merits, stating merely
that it considered the complaint to be unfounded.
5. On 25 July 1980, the Human Rights Committee
therefore decided:
(a) That the communication was admissible;
' The English translation of the quoted section is that provided by
the State party.
81
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents