CAT/C/31/D/199/2002
Page 12
visitors that Mr. A was detained in that section of the prison for convicted persons serving
sentences of 3 to 25 years. Mr. A seemed glad to be visited again. He looked well and
appeared to be able to move without problems. He said he had been moved in January 2003 as
a result of his health problems, and had had an MRI examination of his back. As a trained
pharmacist, he could administer his own medication. He said he was treated as other
prisoners. As far as legal representation was concerned, he had changed to a new lawyer, who
aimed to have his sentence reduced.
9.4
The State party goes on to detail certain allegations made by Mr. A, the actions
it took by way of response thereto and invites the Committee to draw a variety of inferences
from the circumstances described. At the request of the State party and with the Committee’s
agreement, details of these matters have been deleted from the text of the present decision.
9.5
In the context of the case, the State party draws the Committee’s attention to the
interim report2 submitted in July 2002 by the Special Rapporteur of the Commission on
Human Rights on the question of torture and other cruel, inhuman or degrading treatment or
punishment, submitted in accordance with resolution 56/143 of 19 December 2001. In that
report, the Special Rapporteur appealed to all States “to ensure that in all appropriate
circumstances the persons they intend to extradite, under terrorist or other charges, will not be
surrendered unless the Government of the receiving country has provided an unequivocal
guarantee to the extraditing authorities that the persons concerned will not be subjected to
torture or any other forms of ill-treatment upon return, and that a system to monitor the
treatment of the persons in question has been put into place with a view to ensuring that they
are treated with full respect for their human dignity” (paragraph 35). The State party argues,
in the light of the information presented, that it has acted in the manner recommended by the
Special Rapporteur. Prior to the decision to expel Mr. A, guarantees were obtained from the
very person in the Egyptian administration best placed to ensure their effectiveness. The
guarantees given correspond in content to the requirements specified by the Special
Rapporteur. In addition, a monitoring mechanism was put into place and has been functioning
for over a year.
9.6
The State party concludes that since the guarantees concerning Mr. A have
served their purpose, it may be assumed that the assurances for the complainant will protect
her from torture by the Egyptian authorities. Thus, the complainant has not substantiated her
claim that there are substantial grounds for believing she would be in danger of torture if
returned. An enforcement of the expulsion order would accordingly not, in the present
circumstances, constitute a violation of article 3.
10.1
By letter of 23 April 2003, the complainant, while acknowledging the visits that
have taken place, argues that conclusions that Mr. A is being treated well are not justified, as
the monitoring was not performed in accordance with generally accepted international
standards. In particular, the visits were not in private and no medical examinations have been
performed; thus, he would be reluctant to speak freely. Mr. A allegedly told his mother that he
had, in January 2003, realized that ill-treatment would continue whether or not he tried to veil
it, and thus he had been forthcoming. According to the complainant, this incident also shows
that the testimony of Mr. A’s parents is not exaggerated and closer reflects the real conditions
of detention. In support of these submissions, the complainant refers to matters raised by the
State party in paragraph 9.4 above.
2
A/57/173, 2 July 2002.