CCPR/C/121/D/2612/2015
not attracted attention to himself because of his alleged sympathy and support for the
Muslim Brotherhood and that he had not performed any activities for the Muslim
Brotherhood of a nature likely to make him a subject of interest to the Egyptian authorities.
The State party also notes that, in the country information and guidance on the Muslim
Brotherhood in Egypt, issued by the United Kingdom Home Office and updated on 30
September 2014, it is stated that, although the Government of Egypt is able, under Egyptian
law, “to detain anyone suspected of membership of the Muslim Brotherhood, arrests and
detentions have primarily been of high and mid-level leaders and those taking part in
protests against the government which have become violent”. The report also states that,
given the sheer scale of the number of members and supporters, the Government is unlikely
to have the capacity, capability or interest in seeking to persecute everyone associated with
the Muslim Brotherhood. It further states that there is no evidence to suggest that merely
being a member of, or, in particular, a supporter of the Muslim Brotherhood will put a
person at risk of persecution. Against that background, the Refugee Appeals Board found
that the author’s sympathy and support for the Muslim Brotherhood did not independently
entail that he would risk persecution or abuse if returned to Egypt to justify asylum in
Denmark under section 7 (1) or (2) of the Aliens Act. The changed situation in Egypt
resulting from the events in 2012 and 2013 relating to the presidential elections and
subsequent removal of President Mursi could not lead to a different assessment of the case
either.
4.9
The author’s communication to the Committee merely reflects that he disagrees with
the credibility assessment made by the Refugee Appeals Board in his case. It does not
identify any irregularities in the decision-making process or any risk factors that the Board
failed to take properly into account. Accordingly, the State party maintains that the author
is trying to use the Committee as an appellate body to have the factual circumstances
advocated in support of his claim for asylum reassessed by the Committee. However, the
Committee must give considerable weight to the findings of the Danish Refugee Appeals
Board, which is better placed to assess the findings of fact in the author’s case.
Author’s comments on the State party’s observations
5.1
On 23 January 2017, the author submitted his comments on the State party’s
observations and reiterated his previous claim that the Refugee Appeals Board’s decision of
28 April 2015 arbitrarily dismissed his asylum request and that his removal to Egypt would
constitute a violation of article 7 of the Covenant.
5.2
The author maintains that the State party has misinterpreted the memorandum, in
particular concerning the fact that upon return to Egypt, he will be subject to seven years’
imprisonment or more. The State party’s observations are based on the assumption that he
is not “wanted” by the Egyptian authorities and omits parts of the memorandum that are
relevant to his case. Notably, the memorandum states that a draft evader who left Egypt
twice would be considered a repeat draft evader and subject to no less than seven years
imprisonment under article 50 of the Military Conscription Law. However, the Military
Prosecutor could also seek the assistance of the General Prosecutor in such cases, since the
draft evader would be classified as “wanted” by the authorities and a stricter penalty could
apply in accordance with the Penal Code. He claims that this would be the case even if the
draft evader was 30 years old or more and that the penalty for draft evasion was normally
enforced.
5.3
The fact that, in 2007 and 2008, the Egyptian authorities detained and subsequently
released him without consequences and the Egyptian embassy in Rome issued a passport in
the author’s name in 2012, does not mean that he is not “wanted” by the authorities today.
The author highlights that he should be considered as “wanted” by the Egyptian authorities
mainly because he did not show up for his military service and he left the country twice
illegally, even though upon his return the last time, the authorities had told him to report to
the conscription office.
5.4
The author alleges that, although he is not a prominent supporter or member of the
Muslim Brotherhood, he could easily be identified as a member or supporter of the
organization since he is from Al-Fayyum, a city where the Muslim Brotherhood has strong
support. In that connection, he submits that the assessment of the risk he would face in
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