of persecution should they be returned to Egypt.210 The men were suspected of
membership in al-Jihad al-Islamiya and involvement in terrorism-related activities. Most
alarming was the repeated insistence of Prime Minister Tony Blair that diplomatic
assurances against the torture of Mr. Youssef that might be sought from Egypt should
be taken at face value based simply on Egypt’s accession to the Convention against
Torture and the fact that torture was prohibited under Egyptian law. Blair advocated that
an entire package of assurances be narrowed down to one—a simple promise by the
Egyptians not to torture the men upon return.211
Prime Minister Blair’s eagerness to accept such guarantees—which, in the end, the
Egyptian authorities refused to offer—was remarkable not only because of Egypt’s
proven record of systematic torture, but also because legal advisors in the Home Office
(Interior Ministry) and Foreign and Commonwealth Office (FCO) repeatedly advised the
Prime Minister that seeking and accepting such guarantees would clearly violate the
U.K.’s obligations under article 3 of the European Convention on Human Rights. In a
February 1999 memo, the Home Office warned that “there are a number of factors
which suggest that assurances [from Cairo] would do little or nothing to diminish the
Article 3 risk:”
The main problem is that the Egyptian authorities’ record in the
treatment of political opponents is, by any standards not good…In
particular as you will see, abuse and torture are widespread despite the
prohibition by the constitution of infliction of physical harm upon those
arrested or detained. My first question therefore is whether in the face of
this evidence, the Home Secretary might reasonably conclude that
assurances from the Egyptians could be sufficiently authoritative and
credible to diminish the Article 3 risk sufficiently to make removal to
Egypt a realistic option.212
Despite this early and correct assessment (and continuing reservations by the Home
Office about the dubious legality of deporting the men), the Prime Minister personally
intervened on numerous occasions throughout 1999 (for example, in April, May and
June) in an attempt to have the Home Office secure assurances from the Egyptian
210
Ibid., para. 8: The men “submitted plausible claims of harassment and torture at the hands of the Egyptian
authorities. In refusing their applications we acknowledge that theirs were cases where the Secretary of State
might ordinarily have granted asylum.” [emphasis in original High Court decision]
211
Ibid., para. 38: “The Prime Minister’s view is that we should now revert to the Egyptians to seek just one
assurance, namely that the four individuals, if deported to Egypt, would not be subjected to torture. Given that
torture is banned under Egyptian law, it should not be difficult for the Egyptians to give such an undertaking.”
212
Ibid., para. 8.
HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)
70
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