CAT/C/31/D/199/2002 Page 7 4.12 In Aylor-Davis v France (judgment of 20 January 1994), it was held that guarantees from the receiving country, the United States, were found to eliminate the risk of the applicant being sentenced to death. The death penalty could only be imposed if it was actually sought by the State prosecutor. By contrast, in Chahal v United Kingdom (judgment of 15 November 1996), the Court was not persuaded that assurances from the Indian government that a Sikh separatist that he “would enjoy the same legal protection as any other Indian citizen, and that he would have no reason to expect mistreatment of any kind at the hands of the Indian authorities” would provide an adequate guarantee of safety. While not doubting the Indian government’s good faith, it appeared to the Court that despite the efforts of inter alia the Indian government and courts to bring about reform, violations of human rights by members of the security forces in Punjab and elsewhere in India was a recalcitrant and enduring problem. The caselaw thus suggests that guarantees may be accepted where the authorities of the receiving State can be assumed to have control of the situation. 4.13 Applying this test, the current case is more in line with Aylor-Davis. The guarantees were issued by a senior representative of the Egyptian government. The State party points out that if assurances are to have effect, they must be issued by someone who can be expected to be able to ensure their effectiveness, as, in the State party’s view, was presently the case in light of the representative’s position. In addition, at the December meeting between the Swedish state secretary and the Egyptian official, it was made clear to the latter what was at stake for Sweden: as article 3 is of absolute character, the need for effective guarantees was explained at length. The state secretary reaffirmed the importance for Sweden to abide by its international obligations, including the Convention, and that as a result specific conditions would have to be fulfilled in order to make any expulsion possible. It was thus necessary to obtain written guarantees of fair trial, that he would not be subjected to torture or other inhuman treatment, and that he would not be sentenced to death or executed. The trial would be monitored by the Swedish embassy in Cairo and it should be possible to visit Mr. A regularly, even after conviction. Moreover, his family could not be subjected to any kind of harassment. It was made clear that Sweden found itself in a difficult position, and that Egypt’s failure to honour the guarantees would impact strongly on other European cases in the future. 4.14 The State party expands on the details of these guarantees. The details have been omitted from the text of the decision by the request of the State party, and with the consent of the Committee. The State party points out that the guarantees in question are considerably stronger than those provided in Chahal and are couched much more affirmatively, in positive terms. The State party also observes that Egypt is a State party to the Convention, has a constitutional prohibition on torture and acts of, or orders to torture, are serious felonies under Egyptian criminal law. 4.15 The State party observes that the complainant fears being subjected to treatment contrary to the Convention as a result of being Mr. A’s wife. She makes no independent claim of political activity, or of detention or mistreatment in Egypt. In this light and in view of the assurances, it was thus determined that she did not qualify for refugee status. However in the light of her close association with Mr. A and the general situation in Egypt, she may be considered in need of the protection extended to her by means of the guarantees obtained. In evaluating the prospects of respect for these guarantees, it is naturally of interest to know the extent of respect for the corresponding guarantee with respect to Mr. A, and, in the light of the experiences monitored with Mr. A, it may be assumed that the guarantees will also be effective with respect to the complainant. The State party points out, in this respect, that the cases of Mr. A and the complainant have garnered wide attention internationally as well as in