CAT/C/31/D/199/2002
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those arising under the Convention, of returning Mr. A and his family to Egypt. After careful
consideration of the option of obtaining assurances from the Egyptian authorities with respect
to future treatment, the State party’s government concluded it was both possible and
meaningful to inquire whether guarantees could be obtained that Mr. A and his family would
be treated in accordance with international law upon return to Egypt. Without such
guarantees, return to Egypt would not be an alternative. On 13 December 2002, requisite
guarantees were provided by the official interlocutor in question.
4.7
The State party then sets outs in detail its reasons for refusing, on 18 December
2001, the asylum claims of Mr. A and the complainant. These reasons are omitted from the
text of this decision at the State party’s request and with the agreement of the Committee.
4.8
In response to the Committee’s request for information on the whereabouts and
conditions of detention of Mr. A (see paragraph 1.2 above), the State party informs that he is
currently held at Tora prison, Cairo, in pre-trial detention pending a re-trial for which
preparations are in progress. The prison is reportedly of a comparatively high standard and he
is said to be detained in a type of cell normally reserved for persons convicted of non-violent
offences. In accordance with the agreement of Egyptian authorities, the Swedish Ambassador
to Egypt met Mr. A on 23 January 2002 in the office of the prison superintendent. He was not
restrained by handcuffs or feet chains. He was dressed in ordinary clothes, with hair and beard
closely trimmed. He appeared to be well-nourished and showed no signs of physical abuse.
He did not seem to hesitate to speak freely, and told the Ambassador that he had no
complaints as to his treatment in prison. Asked whether he had been subjected to any abuse,
Mr. A made no such claim. When informed that the guarantees issued by the Egyptian
authorities precluded his sentence to death or execution, he was visibly relieved.
4.9
On 10 February 2002, the Swedish national radio reported on a visit by one of
its correspondents with Mr. A in the office of a senior official at Tora prison. He was dressed
in dark-blue jacket and trousers, and showed no external signs of physical abuse. He did have
some problems moving around, which he ascribed to a long-term back problem. He
complained about not being allowed to read and about lack of a radio, as well as lack of
permission to exercise.
4.10
On 7 March 2002, the Swedish Ambassador again visited Mr. A in Tora prison.
He showed no signs of having been subjected to torture. He explained that his back problems
had been bothering him considerably, and that he had been provided medication for this and a
gastric ulcer condition. He had recently put in a request for transfer to a hospital ward in order
to receive better medical treatment and hoped this would be granted. At the Ambassador’s
request, he removed his shirt and undershirt and turned around, showing no signs of torture.
4.11
As to the application of the Convention, the State party refers to the
Committee’s constant jurisprudence that an individual must show a foreseeable, real and
personal risk of torture. Such a risk must rise beyond mere theory or suspicion, but does not
have to be highly probable. In assessing such a risk, which standard is incorporated in
Swedish law, the guarantees issued by the Egyptian government are of great importance. The
State party, in the absence of Committee jurisprudence on the effect of such assurances, refers
to relevant decisions of the European organs under the European Convention on Human
Rights.