CAT/C/34/D/233/2003**
Page 31
was known to the State party when it obtained the diplomatic assurances in this case and
subsequently decided to expel the complainant.
12.24 The State party goes on to argue that the assurances obtained in the present case must
be regarded as carrying even more weight than those in the case against Turkey since they
were issued by the person in charge of the Egyptian security service. It is difficult to conceive
of a person better placed in Egypt to ensure that the diplomatic guarantees would actually
have the intended effect, namely to protect the complainant against treatment in breach of
Sweden’s obligations under several human-rights instruments.
12.25 The State party acknowledges that no medical certificates have been invoked in the
present case. However, the medical certificates obtained in the Turkish case had been issued
by Uzbek military doctors working in the prisons where the applicants in that case were
detained. In the State party’s view, such certificates are of limited value in view of the fact
that they had not been issued by experts who could be perceived as truly independent in
relation to the relevant state authorities. Moreover, in the current case, the absence of
corresponding medical certificates must reasonably be compensated by the monitoring
mechanism put in place by the Swedish Government. To this date, almost thirty visits to the
complainant in detention have been made by its embassy in Cairo. The visits have taken place
over a period of time that amounts to over three years. This should be compared to the single
visit by two officials from the Turkish embassy in Tashkent more than two and a half years
after the extradition of the applicants in the case examined by the European Court.
12.26 By letter of 7 April 2005, counsel for the complainant made further submissions. As to
his medical care, counsel argues that treatment following the complainant’s surgery in August
2004 was interrupted prior to full recovery, and he was denied medical treatment in the form
of micro-electric stimulation that he required.
12.27 Counsel observes that in December 2004 and January 2005, the expulsion of the
complainant and a companion case was debated in the Swedish parliament and media. The
Prime Minister and the Minister of Immigration stated that the expellees were terrorists and
their removal was necessary to prevent further attacks and deny safe haven. According to
counsel, these statements were presented to the complainant by Egyptian officials during an
interrogation. For counsel, this demonstrates that the Egyptian security services are still
interrogating the complainant and seeking to extract information, exposing him to ongoing
risk of torture.
12.28 Counsel provides the conclusions (in Swedish with official English summary) dated
22 March 2005 of the investigations of the Parliamentary Ombudsman into the circumstances
of deportation from Sweden to Cairo, with an emphasis on the treatment of the expellees at
Bromma Airport. According to the Ombudsman’s summary, a few days prior to 18 December
2001 the Central Intelligence Agency offered the Swedish Security Police the use of an
aircraft for direct expulsion to Egypt. The Security Police, after apparently informing the
Minister of Foreign Affairs, accepted. At mid-day December 18, the Security Police was
informed that American security personnel would be onboard the aircraft and they wished to
perform a security check on the expellees. It was arranged for the check to be conducted in a
police station at Bromma airport in Stockholm.
12.29 Immediately after the Government's decision in the afternoon of December 18, the
expellees were apprehended by Swedish police and subsequently transported to Bromma
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