able to state with absolute confidence that the diplomatic assurances have been honored.
Apparently, the Swedish authorities cannot do so.189
A report released on March 22, 2005, by the Swedish Parliamentary Ombudsman, Mats
Melin, leveled unusually harsh criticism at Swedish authorities for conducting an illegal
operation in the course of expelling Agiza and al-Zari.190 The report confirmed the
presence at Bromma Airport of U.S. officials and operatives, some “in disguise.”191 It
faulted the Swedish Security service and airport police for “display[ing] a remarkable
subordinance to the American officials”192 and “losing control of the situation”193 thus
relinquishing their responsibility to ensure that the men were treated in compliance with
Swedish law and Sweden’s obligations under the European Convention on Human
Rights (ECHR).194 The Ombudsman concluded that the men’s treatment was inhumane
and thus may indicate a violation of ECHR article 3.195 Despite these findings of illegal
criminal activity, the Ombudsman has not called for the prosecutions of the Swedish
security service and police personnel involved in the illegal operation or possible
violations of the ban on cruel, inhuman or degrading treatment or punishment.196
A separate investigation by the Committee on the Constitution regarding whether or not
the expulsion operation violated Swedish constitutional law is currently underway.197
189
In an unfortunate turn of events, the European Court of Human Rights ruled in October 2004 that
Mohammed al-Zari’s application against Sweden (alleging, among other things, that Sweden violated its
nonrefoulement obligation under article 3 of the European Convention on Human Rights) was inadmissible on a
procedural technicality. The Court ruled that al-Zari had not submitted his application within a reasonable time
after the alleged violation had occurred. The court did not rule on the substance of the alleged violation.
190
Chefsjustitieombudsmannen Mats Melin, Avvisning till Egypten - en granskning av Säkerhetspolisens
verkställighet av ett regeringsbeslut om avvisning av två egyptiska medborgare [Expulsion to Egypt: A review of
the execution by the Security Police of a government decision to expel two Egyptian citizens], Reference
Number: 2169-2004, March 22, 2005, copy on file with Human Rights Watch.
191
Ibid., section 3.2.2
192
Ibid.
193
Ibid., section 3.3
194
Ibid., section 3.2.2
195
Ibid.
196
Mattias Karen, “Security Police Broke Law Allowing Americans to Handle Extradition of Egyptians,”
Associated Press, March 22, 2005.
197
The Committee on the Constitution is investigating whether or not the government violated Swedish
constitutional law. NGOs have not been invited to make formal presentations before the Committee on the
Constitution. Members of the Swedish parliament from six parties have called for an international investigation
under the auspices of the OHCHR, as well as a full and independent domestic inquiry. For information
regarding the four fundamental laws that comprise Swedish constitutional law, see
http://www.riksdagen.se/english/work/constitution.asp.
63
HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents