CAT/C/31/D/199/2002
Page 8
Sweden. The Egyptian authorities, being aware of this, must be taken to be sufficiently astute
to ensure no ill-treatment would befall the complainant.
4.16
The State party concludes that its efforts in this case fully satisfy its international
human rights obligations, including under the Convention, while complying with its
commitments under Security Council Resolution 1373. The complainant has not shown, in the
circumstances, substantial grounds to fear torture in the event of a return, and thus her
expulsion would not be in violation of the Convention.
The complainant’s comments on the State party’s submissions
5.1
By letter of 20 January 2003, the complainant responded to the State party’s
submissions. She affirms that Mr. A was not involved in any terrorist activities, and this
Resolution 1373 is not applicable. In any event it could not override other international
obligations such as the Convention. In Pakistan, he was engaged by the Kuwaiti Red Crescent
for humanitarian missions, while in Iran he studied Islamic subjects at university in order to
receive a scholarship and thus support his family. She goes on to dispute aspects of the
information supplied by the Swedish Special Branch concerning Mr. A’s alleged activities.
5.2
According to the complainant, the report of the Special Branch did not prove
that he was involved in terrorist activities. In any case, there was no information that he had
performed any such acts in Sweden. The report was not provided to their counsel, as
everything but the opening sentence and the conclusion that he was a threat to national
security had been blacked out, and it was thus very difficult to refute the conclusions.
Similarly, the decision of 18 December 2001 denying the claim for asylum and ordering
expulsion, a decision that was executed with respect to Mr. A the same day and only reached
the complainant the following day, did not detail the Special Branch’s information.
5.3
As to the assurances provided by the Egyptian authorities, the complainant
contends they are not sufficiently explicit, and it is unknown how extensive efforts were on
the Egyptian side to guarantee implementation of the assurances, particularly given that they
were provided a day after being requested. The complainant points out that the Swedish side
did not require either any plans from the Egyptian authorities as to the manner of treatment
during and after arrival or any assurance of an ability to visit for inspections regularly. As to
the constitutional and legislative prohibitions on torture, the complainant observes that the
practical reality is that torture is frequently resorted to by the security agencies.
5.4
As to the radio interviewer’s visit with Mr. A, the interviewer notified counsel
for the complainant that he had asked Mr. A whether he had been tortured, and he stated that
he was unable to answer. In counsel’s view, it is thus plausible to assume that he had been,
and that he was able to so signal to the interviewer whereas he felt he could not to the
Ambassador. In addition, Mr. A’s counsel in Egypt is allegedly of the view he has been
tortured.
5.5
The complainant disputes the State party’s view of the jurisprudence of the
European organs. She views her case as closer to that in Chahal, where the guarantees offered
by India were not considered adequate. India, in contrast to Egypt, is a democratic State, with
an effective judicial system. The security apparatus is generally controlled, and the fear of
torture was confined to Punjab, a small area. By contrast, torture is widespread in Egypt and
practiced by many agencies, particularly the security services. If the Indian guarantee was not