Rights Watch regarding the men’s treatment and Egypt’s obligation under the
Convention against Torture to commence an investigation into their torture allegations
have gone unanswered.172 The Swedish government has denied all responsibility for
having abdicated on its nonrefoulement obligation and for putting the men directly in
harm’s way.
In May 2004, Human Rights Watch called for an international inquiry under the auspices
of the U.N. High Commissioner for Human Rights (OHCHR) in order to “ensure…the
necessary independence, expertise, and transparency.”173 The involvement of the three
governments in the men’s transfers raised serious concerns that only an international
inquiry could get to the root of all three states’ actions, including, but not limited to, the
men’s allegations of torture and ill-treatment. The Swedish government has said that it
would cooperate with such an inquiry, but in a letter to Human Rights Watch
conditioned such cooperation on Egypt’s participation and the approval of both men.174
In December 2004, however, Foreign Minister Laila Freivalds stated that “The Swedish
government would welcome further efforts by the U.N. system to investigate the matter
and stands ready to fully cooperate in such endeavors.”175
Torture Despite Assurances
Despite Egypt’s well-documented record of systematic torture and failure to comply
with its legally-binding international human rights treaty obligations, the Swedish
government continues to assert that “[t]here were no substantial grounds for believing
that they [Agiza and al-Zari] would be subjected to torture.”176 The government points
to both the written assurances and the fact that Egypt subsequently agreed to postreturn monitoring as evidence to support that belief. In this case, however, the inherent
lack of reliability of assurances from Egypt, the general nature of the assurances
themselves,177 and the inadequate post-return monitoring mechanism are all indicative of
172
Human Rights Watch letter to President Hosni Mubarak, July 26, 2004, copy on file with Human Rights
Watch.
173
Human Rights Watch Press Release, “Sweden: Torture Inquiry Must be under U.N. Auspices: Independent
Panel must Probe Abuses by Sweden, Egypt, and U.S. Operatives,” May 27, 2004 [online]
http://hrw.org/english/docs/2004/05/27/sweden8621.htm (retrieved March 3, 2005).
174
Letter to Human Rights Watch from Hans Dahlgren, State Secretary for Foreign Affairs, September 20,
2004, copy on file with Human Rights Watch.
175
Freivalds Speech, December 1, 2004.
176
Ibid.
177
In response to a December 12, 2001 letter from the Swedish government asking for assurances that the men
would “not be subjected to inhuman treatment or punishment of any kind,” not subjected to the death penalty,
and afforded fair trials, the Egyptian authorities responded:
We, herewith, assert our full understanding to all the items of this memoire, concerning the way of treatment
upon repatriate [sic] from your government, with full respect to their persons and human rights. This will be done
according to what the Egyptian constitution, and law stipulates.
Copies of letters on file with Human Rights Watch.
59
HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)
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