CAT/C/31/D/199/2002 Page 3 expulsion decision until further notice, and, as a result, she remains lawfully in Sweden at the present time. The facts as presented 2.1 In 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. 2.2 In 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. 2.3 In 1998, Mr. A was tried for terrorist activity in absentia before a higher military court in Egypt, along with one hundred 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. 2.4 In 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 Board that Mr A. had a leading position in an organisation guilty of terrorist acts and was responsible for activities of the organisation. 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.

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