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. 9.2The 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 4 p.m. and 8 a.m. 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 retrial and sentencing appeared to weigh most heavily upon him. 9.3The 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 visitors that Mr. A. was detained in that section of the prison for convicted persons serving sentences of 3 to 25 years. Mr. A. seemed glad to be visited again. He looked well and appeared to be able to move without problems. He said he had been moved in January 2003 as a result of his health problems, and had had an MRI examination of his back. As a trained pharmacist, he could administer his own medication. He said he was treated as other prisoners. As far as legal representation was concerned, he had changed to a new lawyer, who aimed to have his sentence reduced. 9.4The State party goes on to detail certain allegations made by Mr. A., the actions it took by way of response thereto and invites the Committee to draw a variety of inferences from the circumstances described. At the request of the State party and with the Committee’s agreement, details of these matters have been deleted from the text of the present decision. 9.5In the context of the case, the State party draws the Committee’s attention to the interim reportb submitted in July 2002 by the Special Rapporteur of the Commission on Human Rights on the question of torture and other cruel, inhuman or degrading treatment or punishment, submitted in accordance with resolution 56/143 of 19 December 2001. In that report, the Special Rapporteur appealed to all States “to ensure that in all appropriate circumstances the persons they intend to extradite, under terrorist or other charges, will not be surrendered unless the Government of the receiving country has provided an unequivocal guarantee to the extraditing authorities that the persons concerned will not be subjected to torture or any other forms of ill treatment upon return, and that a system to monitor the treatment of the persons in question has been put into place with a view to ensuring that they are treated with full respect for their human dignity” (para. 35). The State party argues, in the light of the information presented, that it has acted in the manner recommended by the Special Rapporteur. Prior to the decision to expel Mr. A., guarantees were obtained from the very person in the Egyptian administration best placed to ensure their effectiveness. The guarantees given correspond in content to the requirements specified by the Special Rapporteur. In addition, a monitoring mechanism was put into place and has been functioning for over a year. 9.6The State party concludes that since the guarantees concerning Mr. A. have served their purpose, it may be assumed that the assurances for the complainant will protect her from torture by the Egyptian authorities. Thus, the complainant has not substantiated her claim that there are substantial grounds for believing she would be in danger of torture if returned. An enforcement of the expulsion order would accordingly not, in the present circumstances, constitute a violation of article 3. 10.1By letter of 23 April 2003, the complainant, while acknowledging the visits that have taken place, argues that conclusions that Mr. A. is being treated well are not justified, as the monitoring was not performed in accordance with generally accepted international standards. In particular, the visits were not in private and no medical examinations have been performed; thus, he would be reluctant to speak freely. Mr. A. allegedly told his mother that he had, in January 2003, realized that ill-treatment would continue whether or not he tried to veil it, and thus he had been forthcoming. According to the complainant, this incident also shows that the testimony of Mr. A.’s parents is not exaggerated and closer reflects the real conditions of detention. In support of these submissions, the complainant refers to matters raised by the State party in paragraph 9.4 above. 10.2The complainant states that no information is available as to the time of an eventual retrial. It remains uncertain whether the allegations against Mr. A. can be proved in a court procedure affording due process guarantees. In the complainant’s view, it is not surprising that the Egyptian officials denied torture. However, in the complainant’s view, it is difficult to understand why a lie detector was used if evidence obtained by it cannot be admitted in court. While the State party refers to medical examinations that have taken place, they have not been provided, and their objectivity would have to be questioned. 10.3In terms of the reference to the Special Rapporteur’s call for “unequivocal guarantees”, the complainant argues that the information on ill-treatment provided demonstrates that the guarantees have not been adequate, as called for by the Special Rapporteur. Thus, the complainant, who is closely linked to her husband, followed his activities in exile and will be inevitably associated with his activities, is at a high and well-founded risk of torture. Her removal to Egypt would thus violate article 3 of the Convention. Issues and proceedings before the Committee 11.1Before considering any claims contained in a complaint, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the same matter has not been and is not being examined under another procedure of international investigation or settlement. In terms of the State party’s argument that the complaint is insufficiently substantiated, for purposes of admissibility, the Committee considers that the complainant has demonstrated a sufficiently arguable case for determination on the