authorities. In a letter dated April 19, 1999, the Prime Minister’s Private Secretary wrote:
“In general, the Prime Minister’s priority is to see these four Islamic Jihad members
returned to Egypt. We should do everything possible to achieve it.”213
The Youssef judgment includes details regarding negotiations with the Egyptian
authorities, including that the Egyptians refused a number of assurances originally
proposed by the U.K. to ensure respect for the men’s right to be free from torture, and
to have a fair trial and full procedural rights. In the midst of the exchanges, the Prime
Minister’s private secretary wrote that, “He [the Prime Minister] believes that we should
use whatever assurances the Egyptians are willing to offer, to build a case to initiate the
deportation procedure and to take our chance in the courts.”214
The inherent weaknesses of post-return monitoring notwithstanding (see section above),
the Prime Minister was even willing to forgo a weak assurance that the men’s safety
would be monitored after return: “There is no obvious reason why British officials need
to have access to Egyptian nationals held in prison in Egypt, or why the four should
have access to a UK-based lawyer. Can we not narrow down the list of assurances we
require?”215
In the end, the Egyptian authorities refused to permit Mr. Youssef and the other men
access to British officials once returned or to U.K.-based lawyers. The Foreign and
Commonwealth Office (FCO) reported:
In the FCO’s view there was no alternative to access by British officials.
The ICRC had a permanent presence there but had been refused access
to prisoners; it would not visit particular prisoners without a general
agreement allowing it access to all prisoners and would not get involved
in any process which could in any way be perceived to contribute to,
facilitate, or result in the deportation of individuals to Egypt.216
The Youssef case illustrates an alarming disregard for the U.K.’s international and regional
treaty obligations when seeking to remove from its territory foreign nationals suspected
of terrorism. It depicts the very “end run” around the nonrefoulement obligation that
Human Rights Watch has warned against in its reporting on diplomatic assurances.
213
Ibid., para. 20.
214
Ibid., para. 38.
215
Ibid., para. 18.
216
Ibid., para. 26.
71
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