CCPR/C/119/D/2530/2015
1.1
The authors of the communication are F and G, nationals of Egypt currently residing
in Denmark. The authors were born in 1967 and 1985, respectively, and are married to each
other. They submit the communication on behalf of themselves and their three minor
children, who were born in 2008, 2009 and 2014. Following the rejection of their
applications for refugee status in Denmark, the authors are subject to removal. They assert
that the State party would violate their rights under articles 7, 9 and 18 (1) of the Covenant
by removing them to Egypt. The first Optional Protocol entered into force for Denmark on
23 March 1976. They are represented by counsel.
1.2
On 14 January 2015, pursuant to rule 92 of its rules of procedure, the Committee,
acting through its Special Rapporteur on new communications and interim measures,
granted the authors’ request for interim measures to stay their removal to Egypt while the
communication is under consideration by the Committee. On 4 June 2016, the Committee
denied the State party’s request to lift the interim measures. The authors remain in Denmark.
Facts as presented by the authors
2.1
The authors are Coptic Christians. During childhood, G was subjected to female
genital mutilation. As an adult, G became close with a young female neighbour and
frequently spoke to her about religion. G gave the neighbour a Bible and put her in contact
with a priest. Later, the neighbour fell in love and ran away with a Christian man without
her family’s permission. As a result, the neighbour’s father, who was associated with
Salafists (members of the Muslim Brotherhood), came to the authors’ home and violently
threatened them. Many Salafists consider Coptic Christians to be disbelievers. In addition,
facilitating conversion to Christianity is a serious crime in Egypt. 1 Under the Egyptian
Penal Code, individuals who propagate extreme thoughts may face imprisonment for up to
five years.
2.2
F was arrested and detained in a prison in Alexandria for 15 days. He was told that
he had been detained because he was a Christian and a disbeliever. His cell was very small
(2 by 1.5 square metres). He was sometimes removed from the cell and transferred to
another police station in town to undergo fingerprinting and other examinations. He was
subjected to substantial physical and psychological violence. Specifically, every six to eight
hours, prison guards kicked him and beat him with either their hands or sticks. On many
occasions, they removed his shirt and beat his torso, while at other times, they inflicted
blows to his head, back and arms. On three occasions, the guards stripped him completely
and beat him, while cursing him and accusing him of being a disbeliever. They also tried to
force sticks into his anus. He was beaten so severely that he fell down and lay naked on the
cement floor, where the guards kicked him. When he tried to protect himself, the beatings
became more forceful. These acts of torture left him with scars on his back and severe
physical and mental health problems, including heart problems for which he has had several
operations.2 Owing to the offensive nature of the abuse he endured, he did not inform his
wife about it.
2.3
After F’s release from prison, the authors moved in with G’s parents for several
months. Salafist men associated with the Muslim Brotherhood came twice to G’s parents’
house to look for the authors, who managed to hide. One day, when G went out to pick up
medicine for F, she was approached by three men who attempted to rape her. Fortunately,
passers-by came to her rescue when she yelled for help. Because G’s assailants mentioned
the name of her neighbour several times, the incident was not a random act of violence. G
did not tell F or her parents about this incident. Eventually, the authors fled and stayed for
1
2
2
See United States of America, Department of State, “International religious freedom report for 2013
— Egypt” (28 July 2014).
The authors have not provided the Committee with any medical documentation. During their
interview with the Immigration Service, both authors stated that, after F’s release from prison, he was
admitted to hospital owing to heart problems. G stated that F was hospitalized for two weeks at that
time and had open-heart surgery to remove three blood clots. F stated that he had undergone surgery
to remove a blood clot, and suffered from diabetes, high cholesterol and high blood pressure. F also
stated that he had back pain owing to the beatings. F stated during his interview with the Immigration
Service that he had been examined by a doctor in Denmark.