the fact that the practice of reliance upon diplomatic assurances threatens the
international ban on torture, including the nonrefoulement obligation.
Moreover, there is credible, and in some instances overwhelming, evidence that the
assurances were breached. A confidential government memorandum detailing the first
visit by Swedish diplomats with Agiza and al-Zari included information from the men
that they had been brutalized by the Swedish police, blindfolded during interrogations in
Cairo, placed in very small cells, denied necessary medication, beaten by prison guards
on the way to and from interrogations, and threatened by interrogators with repression
against family members if a confession was not forthcoming.178 This passage was
omitted from the censored version of the monitoring report that the government made
available to the public, but the men’s lawyers eventually were able to access the
uncensored version.179 Agiza and al-Zari have made serious allegations of torture,
including electric shock, to family members and their Egyptian and Swedish lawyers.180
In a December 2004 radio interview, Carl Henrik Ehrenkrona, chief legal adviser to the
Swedish Ministry of Foreign Affairs, claimed that one reason for not communicating the
men’s torture allegations to the Egyptian authorities was to protect them from the
Egyptian police (see text box.)181
The Swedish authorities claim that they have made twenty-five visits to the men.182 They
fail to note: that no visit was made until five weeks after the men were returned, during
which time the men were held incommunicado; that no prison visits were conducted in
private; and that advance notification to the prison authorities was required. The
authorities also fail to acknowledge that the men have claimed that they were threatened
with retribution if they complained about mistreatment. The inherent weaknesses of
monitoring under such conditions are apparent (see Limits of Post-Return Monitoring
section above).
Unfair Trial Despite Assurances
The assurances of fair trial were likewise violated. In April 2004, Ahmed Agiza,
convicted in absentia in Egypt in 1999, was retried in a military court, despite the fact that
internationally-recognized procedural guarantees are significantly abridged in such
178
Copy of memorandum on file with Human Rights Watch.
179
Human Rights Watch did not obtain the memo from the men’s lawyers.
180
Human Rights Center for the Assistance of Prisoners (Cairo), “Governmental Deportation: Egyptian
Nationals as Islamic Activists,” April 1, 2003, p. 6. See also Swedish NGO Foundation for Human Rights and
Swedish Helsinki Committee for Human Rights, “Alternative Report to ‘Comments by the Government of
Sweden on the Concluding Observations of the Human Rights Committee’,” op. cit., fn 56, p. 25, para. 101.
181
Sveriges (Swedish) Radio, Ekot Programme, December 10, 2004, copy of transcript on file with Human
Rights Watch. See text box on p. 64.
182
Freivalds Speech, December 1, 2004.
HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)
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