CAT/C/34/D/233/2003**
Page 27
it ought to be a common interest for Sweden and Egypt to look into those allegations and
asked the Deputy Minister to use his influence with the Egyptian authorities in favour of the
Swedish position. The Deputy Minister assured her that he would raise the issue upon his
return to Cairo.
12.10 The State party also points out that the issue of an international inquiry was raised
with the United Nations High Commissioner for Human Rights, Ms. Louise Arbour, when she
visited Stockholm in December 2004. On that occasion, Ms. Freivalds made clear that the
Swedish Government would welcome any efforts that might be undertaken by the High
Commissioner to investigate the allegations that the complainant had been subjected to torture
or other forms of ill-treatment while in detention in Egypt. The State party also observes that
the investigation initiated by the Swedish Chief Parliamentary Ombudsman into the
circumstances surrounding the execution of the Government’s decision to expel the
compla inant from Sweden has not yet concluded.
12.11 The State party recalls that already in May 2004, counsel for the complainant provided
the Committee with a written account of the embassy’s report of its first visit on 23 January
2002 to the complainant after his return to Egypt. A copy of the report was submitted by
counsel to the Committee in August 2004. In the State party’s view, therefore, the Committee
had thus been provided with all the information of relevance for its examination of the present
case. Prior to explaining the fact that the report was not fully accounted for by the
Government in its initial observations of 5 December 2003, the State party provides the
following translation of the relevant portion of the Ambassador’s report:
“Agiza and [name of another person] had just been transferred to the Torah prison after having been
interrogated for thirty days at the security service’s facilities in another part of Cairo. Their treatment in
the Torah prison was “excellent”. However, they had a numb er of complaints that related to the time
period between their apprehension in Sweden and the transfer to the Torah: excessive brutality on the
part of the Swedish police when they were apprehended; forced to remain in uncomfortable positions in
the airplane during the transport to Egypt; forced to be blindfolded during the interrogation period;
detention in too small cells 1.5 x 1.5 meters during the same period; lack of sleep due to surveillance in
the cells; a delay of ten days before Agiza, following a medical examination, had access again to his
medication for gastric ulcer; blows from guards while transported to and from interrogation; threats
from interrogator that there could be consequences for Agiza’s family if he did not tell everything about
his time in Iran etc. It is not possible for me to assess the veracity of these claims. However, I am able
to note that the two men did not, not even on my direct questions, in any way claim that they had been
subjected to any kind of systematic, physical torture and that they consider themselves to be well treated
in the Torah prison.”
12.12 The State party argues that it has been aware of difficulties experienced by the
Committee in the past with regard to upholding respect for the confidentiality of its
proceedings. For that reason, the State party formulated its submissions with great care when
they involved the unveiling of information that has been classified under the Swedish Secrecy
Act. For the State party, it was a question of balancing the need to reveal information in order
to provide the Committee with the correct factual basis for the proper administration of
justice, on the one hand, and the need to protect the integrity of Sweden’s relations with
foreign powers, the interests of national security and the security and safety of individuals, on
the other.
12.13 The State party argues that its position in this regard should be seen against the
background of the experience gained from the proceedings relating to the case of Hanan
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