CAT/C/34/D/233/2003**
Page 16
5.7
While accepting that Egypt is a State party to the Convention, counsel observes that
this formal act is regrettably no guarantee that a State party will abide by the commitments
assumed. As to the prophylactic effect of media publicity, counsel argues that there was some
coverage of the cases of the complainant and his wife around the time of the former’s
removal, but that thereafter interest has been limited. In any case, there is reason to doubt
whether media coverage has any such protective effect, and even where coverage is intensive,
its positive effect may be doubted.
5.8
Counsel submits that if the Committee were to accept guarantees such as those offered
in the present case as sufficient protection against torture, one could not discount that large
scale deportations could take place after some standard form of assurance provided by States
with poor human rights records. At least in circumstances where there was a limited will and
capability on the part of the removing state appropriately to monitor the consequences, the
results could readily be wide scope for authorities of the receiving state to engage in and
conceal torture and ill-treatment. As a result, counsel invites the Committee to find that there
was (i) a violation by the State party of article 3 of the Convention at the time of the
complainant’s expulsion, in the light both of the information then available and of subsequent
events, and (ii) that he has been subjected to torture after removal.
Supplementary submissions by the parties
6.1
By letter of 20 April 2004, counsel advised that on 18 February 2004, the complainant
met his mother in prison. He informed her that he had been threatened by interrogation
officers that he could be killed or tortured, and the same day lodged a complaint that he had
been tortured. On 19 February 2004, he was transferred to Abu-Zabaal prison some 50
kilometres from Cairo, against which he protested by hunger strike lasting 17 days. He was
allegedly placed in a small punitive isolation cell measuring 1.5 square meters in unhygienic
conditions, receiving a bottle of water a day. On 8 March 2004, representatives of the
Swedish embassy visited him with unknown results. On 20 March 2004, following
unsuccessful attempts by the complainant’s mother to visit him, it was announced that no
family visits would be permitted outside major holidays due to his status as a security prisoner
with special restrictions. On 4 April 2004, he was returned to Masra Torah prison. On 10
April 2004, a retrial began before the 13th superior military court on charges of joining and
leading an illegal group or organization and criminal conspiracy, to which the complainant
pleaded not guilty. A representative of Human Rights Watch was admitted, but family,
journalists and representatives of the Swedish embassy were not. The complainant’s lawyer
requested an adjournment in order that he could read the 2000 pages of charging material and
prepare a defence. As a result, the trial was adjourned for three days, with the lawyer
permitted only to make handwritten notes. In counsel’s view, this information demonstrates
that the complainant had been tortured in the past, has been threatened therewith and faces a
considerable risk of further torture. It also shows he has been treated in cruel and inhumane
manner as well as denied a fair trial.
6.2
By further letter of 28 April 2004, counsel advised that on 27 April 2004 the
complainant had been convicted and sentenced to 25 years’ imprisonment. He also contended
that the court rejected a request from the complainant for a medical examination as he had
been tortured in detention. In counsel’s view, the complainant’s statement to the court and the
court’s rejectio n of his request constitute a further clear indication that he had been subjected
to torture.