CAT/C/67/D/816/2017 their followers. In that regard, the complainants recall that the Brotherhood was considered a terrorist organization under the previous regime of President Mubarak. 2.7 The complainants further argue that the decision to deport them to Egypt violated their right to a fair procedure as the procedures were in contradiction with domestic legislation, namely the Aliens Act (2005), the Swedish Language Act (2009) and the Administrative Procedures Act (1986), as well as with the European Parliament and Council Directive No. 2011/95/EU of 13 December 2011. The complainants note that they submitted supporting documents to the Migration Agency which substantiated their support of the Muslim Brotherhood-led Government. They also submitted country reports about the human rights situation in Egypt following the military coup in 2013. The complainants claim that some of those documents were not translated from Arabic while other documents were not considered by the Agency. 2.8 The complainants further note that they requested that an oral hearing be held before the Migration Court so that they could demonstrate the failures of the Migration Agency in processing their application for asylum. This request was denied. The complainants argue that the denial was not justified and violated article 5 of the Swedish Aliens Act. 2.9 The complainants also argue that the Migration Agency failed to undertake a correct assessment of the situation in Egypt and to study the many country reports available which provided detailed information on the human rights violations occurring in Egypt. It only referred partially to two reports dated January 2015 and July 2016, despite the availability of more comprehensive and recent reports. They claim that the State party authorities did not consider the consistent pattern of flagrant and mass violations of human rights in Egypt. The complaint 3. The complainants claim that if they are deported to Egypt they would face a real, foreseeable and personal risk of being detained, tortured and killed by the Egyptian authorities, as perceived members and supporters of former President Morsi and of the Muslim Brotherhood. State party’s observations on admissibility and the merits 4.1 On 5 September 2017, the State party submitted its observations on admissibility and the merits of the communication. It submits that the communication should be declared inadmissible for failure to substantiate the claims for purposes of admissibility. 4.2 The State party notes that the female complainant arrived in Sweden on 23 July 2015 with her children and that they applied for asylum on 24 July 2015. The male complainant arrived in Sweden on 24 October 2015 and applied for asylum on 29 October 2015. The Migration Agency rejected the complainants’ applications on 5 August 2016. 4.3 The Migration Agency held two interviews with the complainants during the asylum procedure. Through their public counsel, the complainants were invited to review and submit written observations on the minutes of the conducted interviews and to make written submissions thereon. The State party argues that the complainants therefore have had opportunities to explain the relevant facts and circumstances in support of their claims and to argue their case, orally as well as in writing, before the Migration Agency and in writing before the Migration Court. It submits that the State party authorities conducted a thorough examination of the complainants’ case and based the assessments of the complainants’ cited need for protection on their oral accounts, as well as the evidence cited by them. It submits that there is no reason to conclude that the rulings were inadequate or that the outcome of the domestic proceedings was in any way arbitrary or amounted to a denial of justice. 4.4 The State party notes that the complainants have stated that due to the male complainant’s business-related contacts with the Muslim Brotherhood when he worked in the United Arab Emirates, the Egyptian authorities would consider him to be an opponent of the regime and that therefore all of the complainants risk being subjected to treatment in violation of article 3 of the Convention if returned to Egypt. The State party notes that, according to country of origin information, many high-ranking leaders of the Brotherhood have been arrested and supporters have been imprisoned. It notes that it does not therefore 3

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