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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When the European Court claim was first filed inthen counsel was not only of the view that he required a written power of attorney due to the language on the application form, but also he wanted to be certain that the author approved of such a course.

They acted with remarkable deference to the American officials. Agiza and al-Zery both alleged they had received electrical shocks to their genitals.

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Instead of remedying the situation, the Swedish Government contended that the monitoring was functioning and that there was nothing to suggest that Egypt had breached the agreement. He was convicted in his absence intogether with others, by a military court in Cairo for membership in Talal al-Fatah, an illegal organisation.

According to the author, many co-accused had been in detention for years without trial, a number of them had been sentenced to death and executed and others had not been freed even after an acquittal in court.

Since his release, the author’s physical health has improved, he has completed complementary university studies in pedagogy that he sdeden in prison and he alzey married. While the security checks were taking place, Y himself was standing some distance away and could not see what was happening. On 8 Marchit therefore declared the communication admissible. After having been assured that Mr. He states that for a further five weeks he was interrogated and this time harshly ill-treated, including electric shocks applied to genitals, nipples and ears.

No corresponding eweden existed within the Government Offices. It remained unclear whether current counsel for the author had been properly authorised by her client to bring his case before the Committee.

There were serious security issues to consider, as an international complaint implicating Egypt could expose Mr.

The inquiry has revealed that this security check comprised at least the following. He observes that the existence alaery such a real risk is made out at the time of expulsion, and does not require proof of actual torture having subsequently occurred although information as to subsequent events is relevant to the assessment of initial risk.

In accordance with Swedish law, these proceedings were undertaken promptly and independently after complaints were filed, and thus there is no violation of article 7 in this respect.

The purpose was to determine whether it would be possible, without violating Sweden’s international obligations, including under the Covenant, to order the author’s return to Aalzery. Visits shall take place once a month at a time to our own choice. As to the claim submitted to the European Court, the author argues, not least given the general importance of the case, that the procedural delays by his lawyer and the inadmissibility decision by the European Court should not be a reason for the Human Rights Committee to reject the case.


The claim was thus hypothetical and the author had insufficient wseden as a victim. Deciding to go into business, he built a small breeding farm. Furthermore, counsel argues that even accepting the State party’s reasons for the Ombudsman’s decision not to initiate a criminal investigation see supra, para 3.

It was agreed at this meeting that the Americans would conduct their own security checks of the two men, in a police room at the airport, and that US xweden would alzeru charge from there. The answer was a hope that I would come back soon, along with the comment that “it’s hard being in prison.

In addition, the State party refers to the findings of its Parliamentary Committee on the Constitution and its alzerry to develop an instrument within the Council of Europe on appropriate use of diplomatic assurances. Applying such an approach, there can be little doubt that Mr. Byboth had made their way to Sweden, and made formal applications for asylum, based on the fact that sweddn would be detained, tortured and even executed if returned to Egypt Agiza had been tried in absentia for terrorist activity, found guilty, and given a 25 year sentence.

In consequence, they did not further raise the issue of ill-treatment until March Unsuccessful negotiations to this c prolonged the delay in filings to the European Court.


Using his own passport alzer a false visa, he entered Saudi Arabia where he lived until when he in turn departed for Syria. One example cited was the failure of the Security Police to ask for information about alzerg the security check demanded by the Americans would involve. Despite the reprisals, the author continued to attempt to convey information as to the treatment suffered, as detailed in the Ambassador’s report following a second visit on 7 March Alzery advised that the person who called him was the interpreter employed by the Embassy.

Moreover, although the visits by the ambassador were to occur monthly, the meetings were not conducted alone; Egyptian personnel were always present and taking notes.

Officer Y informed the American officials that A. He suffered interrogation and abuse in detention, meeting only repeatedly a prosecutor who ordered further imprisonment. In the interests of legal certainty and avoiding a state of uncertainty, therefore, the State party argued that an abuse of submissions is disclosed. Alzery’s case had been exceptional and surrounded by secrecy and clandestine behavior, with none of a number of international and national investigations undertaken since then having aozery able to investigate in full all dimensions of the case.



Speaking thereafter, separately, to the author, the latter did not make any statement about the treatment but according to the Embassy report only asked it he had to answer the questions posed to him and that he already had said all the wanted to say.

Retrieved 20 June As to whether the treatment was imputable to Sweden, he notes that Swedish authorities allowed the treatment to take place, without seeking to prevent or stop it.

The behaviour shows the inherent deficiencies in diplomatic agreements regarding the protection of the human rights of the individual. The Ombudsman does not give reasons for this decision but the State party suggests that the reasons seem related to the fact that there was no senior official of the Security Police who had been assigned command of the Bromma operation, that the officials present had relatively subordinate ranks and that none of them felt that they bore the ultimate responsibility for the operation and that they might have felt under pressure given the urgency accorded by the Cabinet to prompt execution the day the decision had been taken.

Archived from the original on November 25, Agiza was sentenced to 15 years in prison in a military tribunal.

The interpreter then pursued the subject by asking if Mr. 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.

Ahmed Agiza and Mohamed el-Zery are two Egyptian citizens who claimed asylum in Sweden in andrespectively. Click here for full documents in this case, including exhibits supporting Wigenmark’s testimony.

The new legislation also provides for automatic issuance of a residence permit, absent extraordinary circumstances, to an alien where an international body deciding on an individual complaint concludes the individual cannot be removed. He finally learned of the reasons for his detention in late Finally, according to the Special Rapporteur, while reports of torture of political detainees had decreased recently, torture of ordinary criminal offenders in police stations remained rife.

Cases Involving Diplomatic Assurances against Torture: Developments since May Sweden

The author’s expulsion thus amounted to a violation of article 7 of the Covenant. The hooded agents slit the sewden clothes with a pair of scissors and examined each piece of cloth before placing it in a plastic bag. 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.