CAT/C/34/D/233/2003**
Page 28
Attia. 18 In the State party’s view, it became clear during those proceedings that the concerns
in respect of confidentiality, which existed already at that time, were not unfounded. In that
case, the Committee offered the State party in September 2002 the opportunity to withdraw its
initial observations of 8 March 2002 and to submit a new version in view of the fact that the
Committee could not guarantee that “any of the information submitted by the parties to the
case would not be disclosed in any of its decisions or views on the merits of the case”.
Furthermore, in January 2003 counsel for Hanan Attia appended a briefing note from
Amnesty International in London to his own observations, from which it was clear that
counsel had made the State party’s observations of 8 March 2002 available to Amnesty
International.
12.14 The State party argues that its concerns with regard to the Committee’s ability to
uphold respect for the confidentiality of its proceedings were reflected in its repeated requests
and comments concerning the confidentiality of the information that was in fact included in
the initial observations of 5 December 2003 in the present case. However, in the light of the
foregoing, the conclusion was drawn that only part of the classified information found in the
Security Police’s written opinion of 30 October 2001 to the Migration Board could be
revealed. Another conclusion was that the information contained in the embassy’s report from
its first visit on 23 January 2002 to the complainant in detention should not be fully accounted
for either. The reason for the latter conclusion was that it could not be ruled out that the
information concerning ill- treatment provided by the complainant during the embassy’s first
visit would later be found in the public domain and thus become known to the Egyptian
authorities.
12.15 The State party concludes that for these reasons not all the information that emerged at
the embassy’s first visit was revealed to the Committee. If such unconfirmed information had
been released at that stage, and with the indirect assistance of the Swedish Government, this
could have resulted in reprisals against the complainant. The risk for reprisals was not deemed
to be insignificant, irrespective of whether the information was correct or not. If the
information regarding the complainant’s ill- treatment was correct - although such treatment
did not appear to amount to torture within the meaning of the Convention -, this would have
meant that the diplomatic assurances had not had the intended effect to protect him against
treatment in breach of Sweden’s international obligations, including treatment prohibited
under article 3 of the European Convention on Human Rights. In such a case, there was an
apparent risk that the disclosure of the information would put the complainant at risk of
further ill- treatment and maybe even of torture. On the other hand, if the disclosed
information was incorrect, this could have had a negative impact on the relations between
Sweden and Egypt. In turn, it could have led to problems as far as the embassy’s monitoring
efforts were concerned. In this situation, when the different risks involved were assessed, the
conclusion was reached that the best course of action would be to await the report of the
embassy’s next visit.
12.16 The State party points out that according to the embassy’s report from its second
meeting with the complainant in the detention facility, there were at that time no indications
of torture or other ill- treatment. However, even prior to the third visit on 14 April 2002,
information was circulating to the effect that the complainant’s mother had stated publicly
that her son had been tortured after his return to Egypt. The embassy’s report from the first
visit on 23 January 2002 confirmed the information submitted by the complainant’s mother,
18
Op.cit.
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