CAT/C/67/D/816/2017
in accordance with article 22 (4) of the Convention, taking into account all the
circumstances relevant to each case (para. 50).
8.6
In the present case, the Committee notes the complainants’ claims that, as perceived
members and supporters of the Muslim Brotherhood, they would risk being subjected to
treatment contrary to article 3 of the Convention by the Egyptian authorities if returned to
Egypt because of the male complainant’s business arrangements with and links to a
company owned by senior members of the Brotherhood. It notes their claims that the
Egyptian authorities consider anyone who has links to the Brotherhood to be a supporter of
that group. The Committee further notes that the Migration Court did not question that the
male complainant had a business arrangement with a company belonging to high-ranking
representatives of the Brotherhood. It notes the State party’s argument that this business
arrangement could not, per se, be regarded as an expression of support for the Brotherhood,
especially in view of the complainants’ long stay abroad. The Committee further notes the
State party’s argument that the complainants have therefore not substantiated that the
Egyptian authorities would, on the basis of the male complainant’s previous work, have any
particular interest in him or his family or that they would be considered to be opponents of
the Egyptian authorities.
8.7
The Committee recalls its findings in the proceedings of its inquiry on Egypt, in
which it concluded that torture was a systematic practice in Egypt and appeared to occur
particularly frequently following arbitrary arrests, where it was often carried out to obtain a
confession or to punish and threaten political dissidents. 5 It further notes that according to
country reports, the Muslim Brotherhood has been legally designated as a terrorist
organization in Egypt. 6 It notes that large numbers of members and supporters of the
Brotherhood were arrested following the military coup, with some 22,000 persons arrested
by security forces in 2013 and 2014 and a further 12,000 persons arrested in 2015,
including students, academics, engineers and medical professionals, most of them
Brotherhood members and supporters of Mohamed Morsi; some rights groups estimated in
2017 that as many as 60,000 people had been detained for political reasons since July
2013. 7 The Committee further notes that according to country reports security forces
continued to arrest hundreds of people based on their membership or perceived membership
of the Brotherhood in 2017 and 2018.8 Torture and other ill-treatment remained routine in
official places of detention and was systematic in detention centres run by the National
Security Agency.9
8.8
Based on country reports, the Committee therefore notes that persons considered as
supporters of the Muslim Brotherhood may be at risk of treatment contrary to article 3 in
Egypt. In the present case, the Committee notes, however, that the complainants have not
claimed to be members of the Brotherhood or to have been politically active in support of
the group. It further notes that the complainants have not lived in Egypt for the past 20
years and that their only link to the Brotherhood is the male complainant’s previous
business arrangements with a company owned by senior members of the Brotherhood. The
Committee notes that the complainants have not claimed that they were working for this
company in Egypt, and it notes that any project the male complainant may have been
working on were executed outside Egypt. It further notes that the complainants have not
explained how the Egyptian authorities would have been made aware of the business
relationship in question. The Committee also notes that the complainants have not provided
any further specific information or evidence that would indicate that the Egyptian
authorities have instituted any criminal proceedings against the complainants or otherwise
5
6
7
8
9
A/72/44, para. 69.
United States of America Department of State, “2016 country reports on human rights practices:
Egypt”.
Amnesty International, “Egypt: officially, you do not exist: disappeared and tortured in the name of
counter-terrorism”, July 2016.
See Amnesty International, Amnesty International Report 2017/18: The State of the World’s Human
Rights (London, 2018).
Ibid. See also United States Department of State, “2018 country reports on human rights practices:
Egypt”.
7