CAT/C/34/D/233/2003** Page 23 complainant was serving sentence at the Esquebahl Torah prison, the State party appeared to be ill- informed on the circumstances of his detention. 11.7 Counsel observes argues that the complainant’s back condition was already diagnosed, as moderate, in Sweden. These problems deteriorated after his return and in 2003 he was brought to a Cairo hospital for examination, where he was recommended for surgery. Only a year later was “absolutely necessary” surgery actually carried out. He stayed for eleven days in hospital under supervision and received controlled visits from family. Although far from recovered, he was then returned to prison in an ordinary transport vehicle rather than an ambulance. Counsel argues that the State party knew of but neglected to tend to the complainant’s medical condition for two and a half years, and in that time exposed him to treatment such as being kept in “very small” cells and with arms being tied behind the back. Apart from itself causing severe pain, such treatment seriously risked exacerbating his medical condition. 11.8 Counsel argues that the reduction in sentence does not affect how the complainant has been treated, is being and will be treated until release. As to law studies, it is not known whether and how the complainant has been able to pass any exams. Counsel rejects that there has been a significant improvement of the complainant’s situation during the summer of 2004, conceding only that the situation is an improvement on that just after his return, arguing that as late as March 2004 the complainant was detained in a very small cell without adequate hygiene facilities and proper access to water. There remains a considerable risk the complainant will be subjected to torture or treatment approximating it. In any event, counsel argues that the complainant’s present condition does not establish how he was treated in the past. 11.9 Counsel points out that the complainant’s Egyptian attorney has lodged a request for review of verdict to the Highest State Security Court, on grounds that the trial Military Court misjudged the evidence, that the preliminary investigation was afflicted with serious shortcomings, that defence rights were violated at trial and that during the investigation the complainant had been subjected to violence and torture. The attorney has also lodged a special complaint with the Egyptian Minister of the Interior, the Chief Public Prosecutor and the Director-General of the Prison Institutions, alleging improper treatment of the complainant during his hospitalisation, including being chained to the bed and rendered immobile on medical grounds, and being returned to prison prior to recuperation. 11.10 Counsel argues that after the publicity generated by the television broadcast referred to in paragraph 10.2, supra, the State party shifted its position from a firm denial that torture had taken place to the “more reluctant position” shown by the measures it then took by way of dialogue with Egypt. Counsel points out Egypt’s curt dismissal as unfounded of the allegations giving rise to the Swedish requests for an investigation, without so much as supplying any detail of the investigation allegedly conducted. This strongly suggests the complainant was in fact tortured, as Egypt would benefit significantly from being able to demonstrate to other countries, through an independent investigation showing the complainant had not been tortured, that Egypt could safely be entrusted with the return of sensitive prisoners and to abide by assurances given. 11.11 Counsel refers to the State party’s apparent unwillingness to further press the Egyptian authorities, with the State party citing possible prejudices to the complainant’s legal interests or welfare. This suggests the State party accepts, in contrast to its earlier view, that the