CAT/C/48/D/391/2009
the Egyptian authorities, taken together with the first complainant’s background and the
nature of his allegations, the Committee concludes that the first, second and third
complainants have established a foreseeable, real and personal risk of being tortured if they
were to be returned to Egypt at the time of submission of the communication.
9.8
The Committee further notes that, in its further submission of 3 January 2012, the
State party has acknowledged that although major developments took place in Egypt during
2011, they did not call for a change of its position, as far as the present case was concerned.
Consequently, the Committee concludes that the first, second and third complainants have
established a foreseeable, real and personal risk of being tortured if they were to be now
returned to Egypt.
10.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Inhuman or Degrading Treatment or Punishment,
therefore concludes that the enforcement of the order to expel M.A.M.A., N.M.A.M.A. and
Ah.M.A.M.A. to their country of origin would constitute a violation of article 3 of the
Convention.
11.
As the cases of M.A.M.A.’s wife and their four children, who were under age at the
time of the family’s asylum application in Sweden, are dependent upon his case, the
Committee does not find it necessary to consider these cases individually.
12.
Pursuant to rule 118, paragraph 5, of its rules of procedure, the Committee invites
the State party to inform it, within 90 days from the date of the transmittal of this decision,
of the steps it has taken in accordance with the above observations.
[Adopted in English, French and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic, Russian and Chinese as part of the Committee’s
annual report to the General Assembly.]
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