CAT/C/34/D/233/2003**
Page 25
11.16 In conclusion, the report refers to the October 2004 report to the General Assembly of
the United Nations Special Rapporteur on Torture, who argued that, as a baseline, diplomatic
assurances should not be resorted to in circumstances where torture is systematic, and that if a
person is a member of a specific group that is routinely targeted and tortured, this factor must
be taken into account. In the absence of either of these factors, the Special Rapporteur did not
rule out the use of assurances provided that they reflect an unequivocal guarantee that is
meaningful and verifiable.
12.1 By letter of 11 March 2005, the State party provided additional submissions on the
merits of the complaint. It observed that the Swedish embassy in Cairo had continued to
monitor the complainant’s situation, with further visits taking place in Toraj prison on
3 October 2004, 21 November 2004, 17 January 2005 and 2 March 2005. The State party
notes for the sake of clarity that there are several buildings on the prison grounds, one of
which is called Masra and another Estekbal. The complainant has been detained, and visits
have taken place, in both parts of the prison compound at different points in time.
12.2 With respect to his legal situation, the complainant stated that he had instructed his
Egyptian lawyer to lodge a petition with the President of Egypt for a new trial in a civil court,
invoking Egypt’s undertaking prior to his expulsion from Sweden that he was to be given a
fair trial. He had not met with the lawyer in person; his mother appeared to be the one giving
instructions to the lawyer. According to the complainant, she had subsequently been informed
by the lawyer that the petition had been lodged. However, the complainant was not very
hopeful with regard to the outcome of such a petition.
12.3 Concerning the health situation, the complainant was recovering according to plan
from the back surgery he underwent in August 2004 at the university hospital in central Cairo.
Back at the Torah prison, he had spent some time in the prison hospital before returning to a
normal cell. He had received physiotherapy treatment and a so-called MRI-examination,
where his back had been x-rayed. He complained about the lack of further physiotherapy
sessions which, he stated, had to be held at the hospital. This was due to the fact that the
necessary equipment was not available in the prison. In order to further strengthen his back,
he had been scheduled for special magnetic treatment.
12.4 With regard to the issue of the general conditions of detention, the State party observes
that by March 2005 the complainant was placed in a cell of his own. He continued to receive
visits from his mother, who brought him books, clothes and extra food. She also appeared to
be providing him with information about his family in Sweden on a regular basis. However,
he complained that his request to call his wife and children had been denied. Moreover, it was
his intention to continue with his law studies. He had managed to pass further exams during
the autumn.
12.5 In addition to the measures described in its last submissions to the Committee on
21 September 2004, the State party states that it had made further efforts to bring about an
investigation into the ill- treatment allegedly suffered by the complainant at the hands of the
Egyptian authorities during the initial stage of the detention. In a new letter of 29 September
2004 to the Egyptian Minister in charge of the GIS, the Swedish Minister of Foreign Affairs,
Ms. Laila Freivalds, responded to the answer given by him in July of that year. Ms. Freivalds
remarked that the letter she had received in July 2004 contained no information on the type of
investigations that had been carried out by the Egyptian authorities and on which the Egyptian
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