Bangladesh. Moreover, the Committee is not convinced that the complainant risks imprisonment upon his return, since he has failed to
substantiate his claim regarding the alleged judgement of 3 September 2001, or in relation to the allegation that he is investigated for
murder.
6.6In light of the foregoing, the Committee finds that the complainant has not established that he himself would face a foreseeable, real
and personal risk of being tortured within the meaning of article 3 of the Convention.
6.7The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, concludes that the complainant’s removal to Bangladesh by the State party would not
constitute a breach of article 3 of the Convention.
Notes
Communication No. 199/2002
Submitted by:Ms. Hanan Ahmed Fouad Abd El Khalek Attia (represented by Mr. Bo Johansson of the Swedish Refugee Advice
Centre)
Alleged victim:The complainant
State party:Sweden
Date of complaint:28 December 2001
The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,
Meeting on 17 November 2003,
Having concluded its consideration of complaint No. 199/2002, submitted to the Committee against Torture by Ms. Hanan Ahmed
Fouad Abd El Khalek Attia under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Having taken into account all information made available to it by the author of the complaint, his counsel and the State party,
Adopts the following decision under article 22, paragraph 7, of the Convention.
1.1The complainant is Ms. Hanan Ahmed Fouad Abd El Khalek Attia, an Egyptian national born on 13 July 1964, currently present
in Sweden. She claims that for Sweden to remove her to Egypt would violate article 3 of the Convention. She is represented by
counsel.
1.2On 14 January 2002, pursuant to rule 108 (9), of the Committee’s rules of procedure, the State party was requested not to expel
the complainant to Egypt while her complaint was before the Committee. It was stated that this request could be reviewed in the light
of detailed information provided by the State party on the whereabouts of the complainant’s husband and his conditions of detention.
On 18 January 2002, further to the Committee’s request, the Swedish Migration Board decided to stay enforcement of the expulsion
decision until further notice, and, as a result, she remains lawfully in Sweden at the present time.
The facts as presented
2.1In 1982, the complainant’s husband, Mr. A., was arrested on account of his family connection to his cousin, who had been
arrested for suspected involvement in the assassination of the former Egyptian President, Anwar Sadat. Before his release in March
1983, Mr. A. was allegedly subjected to “torture and other forms of physical abuse”. Mr. A., active in the Islamic movement,
completed his studies in 1986 and married the complainant. He avoided various police searches, but suffered difficulties, such as the
arrest of his attorney, upon bringing a civil claim in 1991 against the Ministry of Home Affairs, for suffering during his time in prison.
2.2In 1992, Mr. A. left Egypt on security grounds for Saudi Arabia, and thereafter to Pakistan, where the complainant and her
children joined him. After difficulties with passport non renewal and confiscation by the Egyptian Embassy in Pakistan, the family left
for Syria under assumed Sudanese identities. There they were visited by family members from Egypt, who were arrested and had
their passports confiscated upon their return to Egypt, in order to determine Mr. A.’s whereabouts. In December 1995, the family
moved to Iran under the same Sudanese identities.
2.3In 1998, Mr. A. was tried for terrorist activity in absentia before a higher military court in Egypt, along with 100 other accused.
He was found guilty of belonging to an Islamic fundamentalist group, Al-Gihad, having intention to overthrow the Egyptian
Government, and was sentenced, without possibility of appeal, to 25 years’ imprisonment. In 2000, concerned that warming ties
between Egypt and Iran might result in his being returned to Egypt, Mr. A. and his family purchased air tickets under Saudi Arabian
identities for Canada, and claimed asylum during a transit stop in Stockholm, Sweden, on 23 September 2000.
2.4In his asylum application, he claimed that he had been sentenced to “penal servitude for life” in absentia,and that if returned, he
would be executed as other accused allegedly had been. The complainant contended that, if returned, she would be detained for
many years, on account of her status as Mr. A.’s wife and corresponding guilt by association. On 23 May 2001, the Migration Board
invited the Swedish National Police Board (Special Branch) to submit its opinion in the matter, and the Special Branch subsequently
conducted an interview with Mr. A. On 3 October 2001, with legal representation, the Migration Board held a “major inquiry” with
Mr. A. and the complainant. On 30 October 2001, the Swedish National Police Board (Special Branch) informed the Migration
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