CAT/C/31/D/199/2002
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inadequate, a fortiori the Egyptian one cannot be. Moreover, in the complainant’s view, the
position and responsibilities of the representative providing the assurances reduces the
effectiveness of the assurance given. The complainant also considers the assurance provided
by the Egyptian government to be comparable to, rather than stronger than, the one at issue in
Chahal.
5.6
As to the prophylactic effect of publicity, the complainant argues that despite
extensive publicity Mr. A’s situation does not appear to have been relieved, and in any event
it is unclear for how long such an effect would last. Thus, little store can be placed upon this
factor by way of protection for the complainant.
5.7
The complainant concludes that the Egyptian guarantee is inadequate and
insufficient, in the light of Mr. A’s experience and the monitoring to which he is subject, as
well as the realities of the practice of the Egyptian security services. It cannot displace
substantial grounds to believe that she, as the wife of an alleged terrorist, would be at risk of
torture in Egypt in order to obtain information concerning, or to coerce, Mr. A.
Supplementary submissions of the parties
6.1
By additional submissions of 27 September 2002, the State party updated the
Committee on the situation of Mr. A. Subsequent to the visits described above, the Swedish
embassy in Egypt continues to visit him once a month, in principle, with further visits taking
place on 14 April, 27 May, 24 June, 22 July, and 9 September 2002. For the third visit in
April, he was properly dressed and appeared to feel well considering the circumstances. He
had no problems moving around and did not seem to have lost weight. When asked whether
the Egyptian authorities had reneged on their agreement and maltreated him, he was initially
evasive, claiming that the only problem was the lack of information regarding his re-trial.
When again asked as to his treatment, he answered he had not been physically abused or
otherwise maltreated. His only complaint was about sleeping problems from his bad back. A
doctor had seen him the previous day and promised a through examination. When finally
asked whether the friendly atmosphere during the visit was a sign he was alright and being
treated well, he nodded affirmatively.
6.2
During the fourth visit in May with the Swedish Ambassador, the general
circumstances surrounding the visit were similar to those of the previous one; he looked well
and healthy. He told embassy staff that he had had a kidney infection and received treatment.
His back problems had allegedly improved and he had been promised an X-ray examination.
He complained about general prison conditions, such as the absence of proper beds or toilets
in the cell. Family members would soon be able to visit him.
6.3
During the fifth visit in June, again by the Ambassador, Mr A. appeared to be
feeling well and was able to move without problems. He did not seem to have lost weight. No
new information was provided concerning his state of health. He again mentioned his back
problems and that he had been promised medical attention. Family members had visited the
previous day and a routine of fortnightly visits from family and counsel had been established.
He was aware of the Embassy’s tasks and appeared to welcome the visits. He knew what the
Embassy wished to be informed of and he gave straightforward answers to the Ambasssador’s
questions. Upon leaving, he was observed in seemingly relaxed conversation with two prison
guards.