CAT/C/31/D/199/2002
Page 11
manners and he can whisper to them out of earshot of officials. As to the visit of the Swedish
radio correspondent, he was only able to see Mr. A’s face and hands. In any event, he
complained of back pains and walked with difficulty, providing no comment to a direct
question whether he had faced torture.
7.5
As a result, the complainant argues that the State party has not discharged its
burden of proof of showing Mr. A has not been tortured. Plainly, the interests of the State
security agencies in obtaining information, if necessary by torture, outweigh broader foreign
policy interests to abide by their international assurances. As Mr. A remains under
investigation in these circumstances, allegedly for attacks on the Egyptian Embassy in
Islamabad, Pakistan, in 1995 and on a tourist bus in Luxor, Egypt, in 1997, it is said to be
likely that she will be detained, interrogated and tortured to obtain information from her or to
induce her husband to co-operate with the investigators.
8.1
On 29 January 2003, the complainant supplied a briefing note dated January
2003 from Amnesty International, in which it expressed the view that the complainant would
be at risk of torture in the event of being returned, and that the guarantees provided were not
effective. Amnesty International also refers to other relatives of political prisoners who had
been allegedly detained and subjected to ill-treatment. The complainant also refers to advice
obtained from Thomas Hammarberg, Secretary-General of the Olof Palme International
Centre, who was of the personal view that the monitoring of Mr. A’s situation had been
problematic.
9.1
On 26 March 2003, the State party updated on its contacts with Mr. A since its
previous submission. Since the visit in September 2002, the Swedish Embassy continued to
monitor his condition, visiting him in November 2002, January 2003, and March 2003. At the
eighth visit, on 4 November 2002 with the Ambassador and other officials, Mr. A had no
problems moving around and gave a healthy impression, informing that his back had been
examined that morning. He was scheduled to be later examined by a specialist. In his own
view, opportunities to obtain medical attention had improved as a result of the Embassy visits.
He confirmed he had not been subjected to physical abuse, complaining that, as a convicted
person, he was held in a part of the prison for unconvicted persons. He had not received
information about his retrial. In the Ambassador’s assessment of the meeting, he concluded
there was no indication that the Egyptian authorities had breached their agreement, while the
detention was admittedly mentally trying.
9.2
The ninth visit, by the Ambassador and staff, took place on 19 January 2003.
Mr. A appeared well, and had observed Ramadan to the extent possible. Since December, he
was no longer kept apart from other prisoners. Prisoners were able to move around rather
freely during the days, being locked up overnight between 4pm and 8 am. He appreciated the
ability to walk in the prison courtyard. While the cell was crowded at night, the situation had
generally improved. Further back examinations had been scheduled at the prison hospital. No
further information had been provided on his retrial, and his lawyer had only visited him
once. His family however visited every two weeks. The Ambassador’s assessment was that he
was more open and relaxed. Uncertainty regarding a future re-trial and sentencing appeared to
weigh most heavily upon him.
9.3
The tenth visit, this time by a senior official from the Ministry of Foreign
Affairs, Stockholm, as well as the Ambassador and Embassy staff, took place on 5 March
2003 and lasted over an hour in a relaxed atmosphere. The prison superintendent informed the