CAT/C/34/D/233/2003**
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4.11 As to the facts of the present case, the State party details the information obtained by
its Security Police, which led it to regard the complainant as a serious security threat. At the
State party’s request, this information, while transmitted to counsel for the complainant in the
context of the confidential proceedings under article 22 of the Convention, is not set out in the
Committee’s public decision on the present complaint.
4.12 The State party observes that on 12 December 2001, after referral of the case from the
Migration and Aliens Appeals Boards, a state secretary of its Ministry of Foreign Affairs met
with a representative of the Egyptian government in Cairo. At the State party’s request and
with the Committee’s agreement, details of the identity of the interlocutor are deleted from
the text of the decision. As the State party was considering to exclude the complainant from
protection under the Refugee Convention, the purpose of the visit was to determine the
possibility, without violating Sweden’s international obligations, including those arising
under the Convention, of returning the complainant and his family to Egypt. After careful
consideration of the option to obtain assurances from the Egyptian authorities with respect to
future treatment, the State party’s government concluded it was both possible and meaningful
to inquire whether guarantees could be obtained to the effect that the complainant and his
family would be treated in accordance with international law upon return to Egypt. Without
such guarantees, return to Egypt would not be an alternative. On 13 December 2002, requisite
guarantees were provided.
4.13 The State party then sets outs in detail its reasons for refusing, on 18 December 2001,
the asylum claims of the complainant and his wife. These reasons are omitted from the text of
this decision at the State party’s request and with the agreement of the Committee.
4.14 The State party advises that the complainant’s current legal status is, according to the
Egyptian Ministries of Justice and Interior, that he presently serves a sentence for his
conviction, in absentia, by a military court for, among other crimes, murder and terrorist
activities. His family provided him with lega l representation, and in February 2002, a petition
for review of the case was filed with the President. By October 2002, this had been dealt with
by the Ministry of Defence and would soon be handed to the President’s office for decision.
Turning to the monitoring of the complainant’s situation after his expulsion, the State party
advises that his situation has been monitored by the Swedish embassy in Cairo, mainly by
visits approximately once every month. As of the date of submission, there had been
seventeen visits. 10 On most occasions, visitors have included the Swedish Ambassador, and
several on other visits a senior official from the Ministry of Foreign Affairs.
4.15 According to the embassy, these visits have over time developed into routine, taking
place in the prison superintendent ’s office and lasting an average 45 minutes. At no time has
the complainant been restrained in any fashion. The atmosphere has been relaxed and
friendly, with the visitors and the complainant being offered soft drinks. At the end of the
June 2002 visit, embassy staff observed the complainant in seemingly relaxed conversation
with several prison guards, awaiting return to detention. At all times he has been dressed in
clean civilian clothes, with well-trimmed beard and hair. He appeared to be well- nourished
and not to have lost weight between visits. At none of the visits did he show signs of physical
abuse or maltreatment, and he was able to move around without difficulty. At the request of
10
These took place on 23 January, 7 March, 14 April, 27 May, 24 June, 22 July, 9 September and 4 November
2002, as well as 19 January, 5 March, 9 April, 14 May, 9 June, 29 July, 25 August, 30 September and 17
November 2003.