public prosecution had been committed by a
representative of the Swedish police in connection
with the enforcement. The district prosecutor
referred the case to the Prosecutor-Director at the
Public Prosecution Authority in Stockholm who
similarly found that there was no reason to assume
that a criminal offence under public prosecution had
been committed by the pilot of the foreign aircraft.
Furthermore, the Prosecutor-General decided on
4 April 2005 not to resume the preliminary
investigation, following a complaint from the
Helsinki Committee for Human Rights. The
conclusion was reached that it was not possible to
review the Parliamentary Ombudsman’s decision to
refrain from using his powers to prosecute. It could
also be seriously questioned whether the
Prosecutor-General could make a new assessment of
the issue of whether to start or resume a preliminary,
criminal investigation when the matter had already
been determined by the Parliamentary Ombudsman.
Continued monitoring by the Swedish Embassy in
Cairo
Since the Government last informed the Committee
on the visits conducted by the Swedish Embassy in
Cairo in order to monitor the complainant’s situation
(observations of 11 March 2005), there have been
three further visits during which the complainant
mentioned inter alia that the treatment in prison
continued to be good and that there had been no
changes in that regard. The Embassy’s staff has now
visited the complainant on 32 occasions in the prison
where he is detained. The intention is for the visits to
continue regularly.
Author’s response
None
State party
SWITZERLAND
Case
Mutombo, 13/1993
Nationality and country of removal
if applicable
Zairian to Zaire
Views adopted on
27 April 1994
Issues and violations found
Removal - article 3
114
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