Board that Mr. A. had a leading position in an organization guilty of terrorist acts and was responsible for activities of the
organization. The case of Mr. A. and the complainant was thus remitted, on 12 November 2001, to the Government for decision
pursuant to chapter 7, section 11 (2) (2) of the Aliens Act. In the Board’s view, on the information before it, Mr. A. could be
considered entitled to refugee status, however the Special Branch assessment, which the Board saw no reason to question, pointed in
a completely different direction. The necessary weighing of Mr. A.’s possible need for protection, as against the Special Branch’s
assessment, was thus to be made by the Government. On 13 November 2001, the Aliens Appeals Board, to which the case had
been forwarded, shared the Migration Board’s assessment of the merits and was also of the view that the Government should decide
the matter.
2.5On 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
3.1The 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.
3.2The complainant criticizes 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.
3.3The 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.
3.4Generally, 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 admissibility and merits of the complaint
4.1By 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
other argumentation on the merits, the minimum substantiation necessary to render a complaint compatible with article 22 of the
Convention.a
4.2On the merits, the State party sets out the particular mechanisms of the Aliens Act 1989 applicable to cases such as the
complainant’s. While asylum claims are normally dealt with by the Migration Board and then the Aliens Appeals Board, under certain
circumstances either body may refer the case to the Government, appending its own opinion. This constellation arises if the matter is
deemed to be of importance for the security of the realm or otherwise for security in general or for the State’s relations to a foreign
power (chapter 7, section 11 (2) (2) of the Act). If the Migration Board refers a case, it must first be forwarded to the Aliens
Appeals Board which provides its own opinion on the case.
4.3An alien otherwise in need of protection on account of a well-founded fear of persecution at the hands of authorities or others on
account of reasons listed in the Convention on the Status of Refugees (under chapter 3, section 2, of the Act) may however be
denied a residence permit in certain exceptional cases, following an assessment of an alien’s previous activities and requirements of
the country’s security (chapter 3, section 4 of the Act). However, no person at risk of being tortured may be refused a residence
permit (chapter 3, section 3 of the Act). In addition, if a person has been refused a residence permit and has had an expulsion
decision issued against him or her, an assessment of the situation at the enforcement stage must be made to avoid that an individual is
expelled to face, inter alia, torture or other cruel, inhuman or degrading treatment or punishment.
4.4The State party recalls Security Council resolution 1373 of 28 September 2001, which enjoins all Member States to deny safe
haven to those who finance, plan, support or commit terrorist acts, or themselves provide safe haven. The Council called on Member
States to take appropriate measures, consistent with international human rights and refugee law, to ensure asylum seekers have not
planned, facilitated or participated in terrorist acts. It also called upon Member States to ensure, in accordance with international law,
that the institution of refugee status is not abused by perpetrators, organizers or facilitators of terrorist acts. In this context, the State
party refers to the Committee’s statement of 22 November 2001, where the Committee expressed confidence that responses to
threats of international terrorism adopted by States parties would be in conformity with their obligations under the Convention.
4.5With reference to the specific case, the State party details the information obtained by its security services with respect to Mr. A.
which led him to be regarded as a serious security threat. At the State party’s request, this information, while transmitted to counsel
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