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Alzery v Sweden, Merits, Communication No /, UN Doc CCPR/C/88/D/ /, () 14 IHRR , IHRL (UNHRC ), 25th October . Jurisprudence. CCPR – Alzery v. Sweden. Date: 25 October Articles: 2, 7, Comm Number: / Outcome: Violation. | View as PDF | Download. The government of Sweden expelled al-Zari and Agiza, both suspected of terrorist activities, following written UN Human Rights Committee, Decision: Alzery v.

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Such concerns could naturally not be allowed to come into play. The State party notes, however, that as from 31 Marcha new system for judicial examination of asylum claims has been established in the form of Migration Courts and a Supreme Migration Court.

In his case, he argues that the evidence as to subsequent treatment was strongly probative of the initial existence of a real risk of torture. In addition to the immediate execution of the expulsion order, which denied recourse to international remedies, shortly after the terrorist attacks of 11 Septemberthe author notes that the Swedish Government had little hesitation in permitting a covert Central Intelligence Agency CIA operation to occur on Swedish soil.

In the hearing before the Committee on the Constitution, the Swedish State Secretary expressly stated that Sweden, after the expulsion, could not interfere in what Sweden believed was the internal concern of a state as the author alzeey an Swesen national, detained in Egypt.

There was only room for a very few people in the changing room. The difficulties that the monitoring would entail should reasonably have been anticipated prior to the decision to rely on the guarantee and, as a consequence, to expel the men to their home country. I therefore wanted swedeb ask: He adds that in the days prior to expulsion, counsel was not provided with full security reports, any detail as to the negotiations with Egypt or the timetabling of the Government’s decision; indeed, officials specifically declined to acquiesce to azlery requests for relevant records.

Despite the investigation and findings presented by the Ombudsman in Marchthe prosecuting authorities stood by their previous legal assessment and refused to re-open the swedeh, arguing that it could swdden overrule the decision by the Ombudsman not to press charges against any Swedish law enforcement personnel.

In MayAhmed Agiza was included as one of three plaintiffs later joined by two morein a case filed against Jeppesen Dataplan alleging complicity in their rendition and torture. The author argues that since Sweden had entered an agreement with Egypt, it not only felt obliged to trust that it would be respected, but also acted in a manner so that the weaknesses in agreement would not be exposed.

Both men had, separately, been accused by the Egyptian regime of membership in violent Islamist organisations, and were subjected to repeated harassment and arrest by the Egyptian security forces.


Mohamed Sulelman Ibrahim el-Zery Nationality: Applying such an approach, there can be little doubt that Mr. On 26 Septemberthe Ambassador informed counsel by fax that as the author was seeden, he did not have a right to zweden the power of attorney.

The article stated that the organization in question supported a continued armed struggle against the Egyptian government and that members would be tried before a military court, depriving them the right to a fair trial, inter alia as a conviction in a military court could not be appealed. Wlzery the interview, he stated that he had never been involved with the movement he was accused of being involved in, and that he strongly rejected any violence as a mean to reach any political goal.

An envoy voiced Swedish concerns as to the alleged ill-treatment suffered in the early weeks following return and requesting an inquiry including international medical expertise. None of the visits in prison took swedwn in private. While selected information can be revealed to the asylum seeker and his attorney, under strict non-disclosure orders, the grounds for the assessment are often only described in generalities and are not revealed to such an extent that they can be met or challenged by the individual.

Ahmed Agiza and Mohamed el-Zery – The Rendition Project

The answer was a hope that I would come back soon, along with the comment that “it’s hard being in prison. The author contends that it was careless of the Swedish authorities to approach the Egyptian authorities for an assessment of the veracity of the statements claiming ill-treatment. Alzery advised that the person who called him was the interpreter employed by the Embassy.

Counsel disputed, moreover, that the Swedish Embassy had been in regular alzry with Mr.

Referring to the decision of the Committee against Torture in the case of Agiza v Sweden, 3 the High Commissioner stated inter alia that she found no grounds on which her Office could possibly supplement that Committee’s assessment and findings in any meaningful way.

The author notes that prior to arrest and expulsion on 18 December he had not been detained, subjected to particular security controls or otherwise treated as a real security risk: The author adopts the view of azery Parliamentary Ombudsman that the treatment already suffered on Swedish soil could have been anticipated because of the then global situation. He was detained from 4 to 18 August due to uncertainty as to his identity. He was held there until the second week of December Alzery was only released in Octoberwith the strict limits on communication making contact by counsel risky, difficult and infrequent.

Alzery wanted to pursue his complaint to the Human Rights Committee, Mr. Nor did it ask for permission to bring a doctor to the aalzery to perform any medical examination. Indeed, there were sometimes up to 10 other people in the room, including the Egyptian prison guards.

Learn how and when to remove these template messages. The neutrality of this article is disputed.

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On 17 Februarythe Committee decided that the portion of the complaint that had been referred to it by the Stockholm district prosecutor required no action. The reservation was further intended to avoid “appeal” from the European Court to the Committee. He did not, therefore, even see the garments being cut to pieces. As to the question of ongoing authority to act, counsel argued that she retains plenary power to advance the communication on Mr. Evidence, including confessions, procured under duress, threats and torture is permitted, while individuals detained under emergency laws who do not receive a trial are only released after having confessed or given the requested information, often of names of other individuals, who are in turn arrested and interrogated.

The administration had obtained a statement from a high-ranking Egyptian government official stating that the men would be treated humanely and in accordance with the Egyptian constitution.

Refworld | Mohammed Alzery v. Sweden

It was regularly the case, swedwn accepted by the visitors from the Embassy, that prison security personnel or the warden were present and even participated in the discussions with the author. The author recalls that he had left Egypt in on account of the persecution of individuals involved with organizations involved in Islamist opposition and the treatment he had already been subjected to.

The Swedish security police was informed that there would be a security check of the men, but they did not ask what this would entail. Moreover, the zweden and ineffective investigation of the treatment constituted a procedural violation of the same article.

Having considered the option of obtaining assurances from the Egyptian authorities in respect of his future treatment, the Government had made the assessment that it was both possible and meaningful to inquire whether guarantees could be obtained that the author would be treated in accordance with international law upon his return to Egypt.

Mohammed Alzery v. Sweden

It was therefore up to the Security Police to ensure that the security measures that were taken, either by the Security Police or those who akzery it, were compatible with the applicable Swedish legal provisions.

Having taken into account all written information made available to it by the author of the communication, and the State party. Agiza remains in prison to date after a patently unfair sdeden in April Special measures of investigation by bodies with competence to engage criminal proceedings were also taken by the Parliamentary Ombudsman, who decided not to initiate a preliminary criminal investigation, and the Parliamentary Standing Committee on the Prosecution, which decided not to take further action on criminal complaints against relevant Ministers.