CAT/C/31/D/199/2002
Page 4
2.5
On 18 December 2001, the Government rejected the asylum applications of Mr.
A and the complainant. The reasons for these decisions are omitted from the text of this
decision at the State party’s request and with the agreement of the Committee. Accordingly, it
was ordered that Mr. A be deported immediately and the complainant as soon as possible. On
18 December 2001, Mr A. was deported, while the complainant evaded police custody; her
whereabouts remain unknown.
The complaint
3.1
The complainant submits that her case is intimately bound up with that of her
husband Mr A., who denies any terrorist links. She alleges she would be of great interest to
the Egyptian authorities, as she would be expected to possess valuable information about her
husband and his activities. There is thus a clear risk of detention and that Egyptian authorities
would try and obtain information from her through physical violence and torture.
3.2
The complainant criticises the lack of information as to the content and sources
of the Special Branch’s information on Mr. A, observing that in any event the desire of the
Egyptian authorities to have him in custody on account of his previous conviction was clear.
The complainant questions the value of the security guarantee provided by the Egyptian
authorities. Neither its contents nor its author are known to her. In any event, the Egyptian
authorities are more likely to pursue their own objectives than respect assurances provided to
foreign States. In a subsequent submission, the complainant refers to a statement (urgent
action) of 10 January 2002 by Amnesty International considering the complainant to be at risk
of torture in the event of a return to Egypt due to her family links. In addition, Amnesty
International considered the security guarantee insufficient, as Mr A.’s whereabouts since his
arrival in Egypt on 18 December 2002 were unknown and had not been advised to family,
counsel or any other.
3.3
The complainant argues that, in contrast to the Convention on the Status of
Refugees, the Convention against Torture does not contain any exclusion clause on security
grounds and thus its protection is absolute. In addition, the expulsion decision cannot be
appealed, while a new application requires new circumstances to be presented, of which there
are none.
3.4
Generally, the complainant refers to a report in 2000 of the United States’ State
Department that respect for fundamental human rights in Egypt is poor. She contends that
security forces mistreat and torture persons suspected of terrorist connections, and conduct
mass arrests of such persons. A 1997 report of Amnesty International suggests a number of
women have been subjected to human rights violations, including arbitrary detention, on
account of family links.
The State party’s submissions on the admissibilty and merits of the complaint
4.1
By submission of 8 March 2002, the State party contests both the admissibility
and the merits of the complaint. It regards the claim of substantial grounds to fear torture in
the event of a return to Egypt to lack, in light of the security guarantees provided and the