forensic medical examinations by an independent physician not associated with the detention facility; confidentiality when transmitting allegations of torture so that the detainee and his or her family do not suffer further retribution for having spoken out; and the ability of the monitors to visit and have unhindered access to a detainee at any time, without having to provide advance notice.69 In the vast majority of countries where torture is a serious problem, these arrangements would be impossible (that is, they would never be approved or tolerated by the government or other actors responsible for acts of torture) thus making the project of designing an effective post-return monitoring scheme a highly dubious exercise. Indeed, in many of the countries of return referenced in this report, no independent monitoring of detention facilities is permitted, and often family members and lawyers are routinely denied access. False: Monitoring Provides an Accountability Mechanism The notion that post-return monitoring can serve as an accountability mechanism is also not borne out by our research. In instances where there is credible evidence of torture, the sending government will simply place blame on the receiving government as the party that has violated the assurances. For example, while the government of Sweden has stated its concern over breaches of the diplomatic assurances with Egypt, it remains insistent that it is Egypt’s responsibility and that if torture did occur, the Swedish government is not responsible.70 Moreover, in the face of Egyptian breaches of the assurances, the Swedish authorities appear to have very little influence with the Egyptian authorities in terms of persuading them to initiate an investigation into the torture allegations. In a December 2004 speech addressing the theme “Security under the Rule of Law,” Minister of Foreign Affairs Laila Freivalds stated that although the Swedish 69 International standards for effective prison monitoring include: The United Nations Standard Minimum Rules for the Treatment of Prisoners (Standard Minimum Rules) [online] http://www.unhchr.ch/html/menu3/b/h_comp34.htm (retrieved March 12, 2005); U.N. Body of Principles for the Protection of all Persons under Any Form of Detention or Imprisonment (Body of Principles) [online] http://www.unhchr.ch/html/menu3/b/h_comp36.htm (retrieved March 12, 2005); Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [To establish a system of visits undertaken by independent international and national bodies to places where people are deprived of their liberty; not yet in force.] [online] http://www.unhchr.ch/html/menu2/6/cat/treaties/opcat.htm (retrieved March 12, 2005); and the European Prison Rules [online] http://www.uncjin.org/Laws/prisrul.htm (retrieved March 12, 2005). See also U.N. Special Rapporteur on Torture, General Recommendations, E/CN.4/2003/68, para. (f) regarding prison monitoring and private visits [online] http://www.unhchr.ch/html/menu2/7/b/torture/recommendations.doc (retrieved March 19, 2005); and International Committee of the Red Cross, “How Visits by the ICRC can Help Prisoners Cope with the Effects of Traumatic Stress,” Section on Private and Confidential Interviews with Prisoners, January 1, 1996 [online] http://www.icrc.org/web/eng/siteeng0.nsf/iwpList302/219CF73383F594D2C1256B660059956E (retrieved March 19, 2005). 70 Human Rights Watch meeting with Swedish officials in the Ministry of Foreign Affairs, Stockholm, June 2, 2004. Notes on file with Human Rights Watch. HUMAN RIGHTS WATCH VOL. 17 NO. 4(D) 26