Krôcher conspiracy, confirmed, in the opinion of the
State party, that she was a close collaborator of Krôcher
and had been actively involved in discussions concern
ing the planned abduction and that she had been
designated by Krôcher to play an active role in the ab
duction itself.
free, without being chaUenged, to make any reference to
the absent ahens which they and their defence counsel
saw fit.
7.3 The author also argues that section 20 of the
Swedish Ahens Act requires that the organization or
group must, while being suspected of planning or com
mitting acts in Sweden, be outside its home country. She
claims, therefore, that the application of the relevant
provisions of this law to a group which has been formed
in Sweden is an evident misinterpretation.
7.4 For aU these reasons, the author does not agree
with the State party's statement that the task of the
Human Rights Committee should be hmited to an ex
amination of whether the competent authorities have
apphed the law in good faith and in a reasonable man
ner. She states that it is not her intention to enter into a
debate as to whether the Swedish Government at the
time of the decision acted in good faith or not: her case
is that this decision was not reached in accordance with
the provisions of the Ahens Act since it was based on
one ground which was not to be found in those provi
sions and on another ground which was an obvious
misinterpretation of them.
6.4 The State party submitted therefore that the
decision to expel Anna Maroufidou was "reached in ac
cordance with law" and that there has been no violation
of article 13 of the Covenant in this case.
7.1 On 20 January 1981, the author of the com
munication submitted, through her legal representative,
comments on the State party's submissions under article
4 (2) of the Optional Protocol. In her comments she
states that she does not dispute the opinion of the
Swedish Government that article 13 of the Covenant re
quires a legal basis for a decision to expel an ahen. In
the opinion of the author, however, if the ground for
the decision is one which cannot be found in the ap
plicable domestic law of the State party, then the con
clusion must be drawn that article 13 has been violated.
In this regard the author submits that it is clear that
mere knowledge of a terrorist plan is not a ground for
expulsion under the relevant provisions of the Swedish
Aliens Act. She contends that it is obvious from the
travaux préparatoires of this law and all legal literature
about it that the legislation against terrorism is of an ex
traordinary nature and that it should be applied in a
restrictive manner. It is also clear, in her submission,
that the only charge against her at the time of the deci
sion which she is contesting was this alleged knowledge.
She maintains that ah the circumstances mentioned by
the State party have natural explanations and are by no
means decisive. As stated in her original communica
tion, aU the refugees who met and made each other's
acquaintance at the Refugee Council's office in
Stockholm found themselves in a similar situation and
often had common interests. Many of them had dif
ficuhies in finding rooms or flats to live. It was common
knowledge that they assisted each other and often
crowded into rather small quarters. They frequenfly
rented their rooms on short-term conditions and there
was for this reason much moving around. The author
helped several people to find a place to hve. After
Krocher's arrest she was afraid that she might be ar
rested herself. The newspapers were full of news and big
headlines about this arrest and Krocher's dramatic plans
of terrorism. Therefore she did hide certain things not
to protect Krôcher but to protect herself against any un
just suspicion of collaboration with him.
8. The Committee considering the present com
munication in the hght of all information made
available to it by the parties as provided for in article
5 (1) of the Optional Protocol, hereby decides to base its
views on the following facts which have been essentially
confirmed by the State party: Anna Maroufidou, a
Greek citizen, who came to Sweden seeking asylum, was
granted a residence permit in 1976. Subsequently on
4 April 1977 she was arrested on suspicion of being in
volved in a plan of a terrorist group to abduct a former
member of the Swedish Government. In these cir
cumstances the Central Immigration Authority on
28 April 1977 raised the question of her expulsion from
Sweden on the ground that there was good reason to
beheve that she belonged to, or worked for, a terrorist
organization or group, and that there was a danger that
she would participate in Sweden in a terrorist act of the
kind referred to in sections 20 and 29 of the Ahens Act.
A lawyer was appointed to represent her in the pro
ceedings under the Act. On 5 May 1977 the Swedish
Government decided to expel her and the decision was
immediately executed.
9.1 Article 13 of the International Covenant on
Civil and Pohtical Rights provides that
An alien lawfully in the territory of a State Party to the present
Covenant may be expelled therefrom only in pursuance of a decision
reached in accordance with law and shall, except where compelling
reasons of national security otherwise require, be allowed to submit
the reasons against his expulsion and to have his case reviewed by, and
be represented for the purpose before, the competent authority or a
person or persons especially designated by the competent authority.
7.2 The author argues that, if it was true that she
had participated in the preparations for the crimes
planned by Krôcher, she would have been prosecuted
for conspiracy and preparations for those crimes under
Swedish law, but she was not. In addition, subsequent
disclosures at the trial against the Swedish nationals in
volved in the Krôcher conspiracy could not justify the
decision to expel her because that trial took place a long
time afterwards, and because the author as well as many
other foreigners who had been expelled were not present
at that trial. So the Swedish citizens then accused were
9.2 Article 13 lays down a number of conditions
which must be comphed with by the State party con
cerned when it expels an alien from its territory. The ar
ticle applies only to an ahen "lawfuUy in the territory"
of the State party, but it is not in dispute that when the
question of Anna Maroufidou's expulsion arose in
April 1977 she was lawfuUy resident in Sweden. Nor is
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