able to state with absolute confidence that the diplomatic assurances have been honored. Apparently, the Swedish authorities cannot do so.189 A report released on March 22, 2005, by the Swedish Parliamentary Ombudsman, Mats Melin, leveled unusually harsh criticism at Swedish authorities for conducting an illegal operation in the course of expelling Agiza and al-Zari.190 The report confirmed the presence at Bromma Airport of U.S. officials and operatives, some “in disguise.”191 It faulted the Swedish Security service and airport police for “display[ing] a remarkable subordinance to the American officials”192 and “losing control of the situation”193 thus relinquishing their responsibility to ensure that the men were treated in compliance with Swedish law and Sweden’s obligations under the European Convention on Human Rights (ECHR).194 The Ombudsman concluded that the men’s treatment was inhumane and thus may indicate a violation of ECHR article 3.195 Despite these findings of illegal criminal activity, the Ombudsman has not called for the prosecutions of the Swedish security service and police personnel involved in the illegal operation or possible violations of the ban on cruel, inhuman or degrading treatment or punishment.196 A separate investigation by the Committee on the Constitution regarding whether or not the expulsion operation violated Swedish constitutional law is currently underway.197 189 In an unfortunate turn of events, the European Court of Human Rights ruled in October 2004 that Mohammed al-Zari’s application against Sweden (alleging, among other things, that Sweden violated its nonrefoulement obligation under article 3 of the European Convention on Human Rights) was inadmissible on a procedural technicality. The Court ruled that al-Zari had not submitted his application within a reasonable time after the alleged violation had occurred. The court did not rule on the substance of the alleged violation. 190 Chefsjustitieombudsmannen Mats Melin, Avvisning till Egypten - en granskning av Säkerhetspolisens verkställighet av ett regeringsbeslut om avvisning av två egyptiska medborgare [Expulsion to Egypt: A review of the execution by the Security Police of a government decision to expel two Egyptian citizens], Reference Number: 2169-2004, March 22, 2005, copy on file with Human Rights Watch. 191 Ibid., section 3.2.2 192 Ibid. 193 Ibid., section 3.3 194 Ibid., section 3.2.2 195 Ibid. 196 Mattias Karen, “Security Police Broke Law Allowing Americans to Handle Extradition of Egyptians,” Associated Press, March 22, 2005. 197 The Committee on the Constitution is investigating whether or not the government violated Swedish constitutional law. NGOs have not been invited to make formal presentations before the Committee on the Constitution. Members of the Swedish parliament from six parties have called for an international investigation under the auspices of the OHCHR, as well as a full and independent domestic inquiry. For information regarding the four fundamental laws that comprise Swedish constitutional law, see http://www.riksdagen.se/english/work/constitution.asp. 63 HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)