CAT/C/31/D/199/2002
Page 10
6.4
During the sixth visit in July, by the Ambassador, Mr. A looked well and was
dressed cleanly and had no problems of movement. The atmosphere was relaxed, with prison
conditions allegedly the same as previously. Nothing new transpired regarding his health and
treatment. He stated that he was not badly treated, and a family visit was expected later in the
day. The seventh visit, in September, also with the Ambassador, was again relaxed. Mr. A’s
state of health was unchanged, having received an X-ray examination early in the month and
awaiting results. The conditions of detention were unchanged. He was able to receive family
visits fortnightly. He had been questioned a month previously, but had not heard further news
as to his re-trial.
7.1
On 22 October 2002, the complainant responded to the State party’s
supplementary submissions. On 23 January 2002, her parents-in-law had visited Mr. A at
Tora prison, with an Egyptian lawyer. Her mother-in-law alleges that he walked with
difficulty and was supported by a prison officer. He seemed pale, weak, seemingly in shock
and near breakdown. His eyes, cheeks and feet were allegedly swollen, with his nose larger
than usual and bloodied. He told that he had been tied and hung upside down while
transported to the prison, and then being constantly blindfolded and subjected to advanced
methods of interrogation, including electric shocks. He said he was told the guarantees
provided to the Swedish government were worthless. This visit was then allegedly interrupted
by the arrival of the Swedish Ambassador.
7.2
Mr. A’s parents made these observations public. They pursued efforts to meet
with him to no avail, and were informed that this depended on their behaviour. On April 16, at
short notice, they again visited him in prison. He allegedly whispered to his mother that he
had been further tortured by electric shocks after the January visit, and held in solitary
confinement for about ten days. His arms and legs were tied behind his back and he could not
relieve himself. He said he had told the Swedish Ambassador about the torture, and that
prison officers had urged him to decline further visits from the Ambassador. He stated that
officers had told him his wife would be returned soon, and they threatened to assault her and
his mother sexually. He said he remained in solitary confinement, in a cell measuring two
square meters, without windows, heat or light and that, while not tied, he could only visit the
toilet once every 24 hours, which caused him kidney problems.
7.3
From April, the parents were able to make monthly visits, and from July
fortnightly, in a location different from where the Swedish Ambassador met Mr. A. Often,
further visits were declined for various reasons. Officials had allegedly urged the parents not
to disclose publicly information about Mr. A, and to encourage the complainant to return. The
parents allegedly cannot provide further information for fear of adverse effects on Mr. A.
7.4
While conceding that there are contradictions between the State party’s accounts
of the visits with those of the parents, the complainant points out there are some
commonalities, for example in detention conditions and certain evasiveness in Mr. A’s
replies. Necessarily, diplomatic contacts are formal, and Mr. A would be reluctant to disclose
elements within earshot of supervising officers which could reflect negatively on him. Rather,
international standards in such situations require private and unsupervised contact with a
prisoner, and qualified medical staff must be able to examine a prisoner suspected of torture.
Failure to comply with such standards reduces the value of the State party’s observations.
According to the complainant, the State party’s diplomatic representatives are not medically
trained to determine signs of torture, and may skew their interpretations in favour of their
Government. By contrast, parents and family are much more familiar with their son’s