CAT/C/48/D/391/2009
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-eighth session)
concerning
Communication No. 391/2009
Submitted by:
M.A.M.A. et al. (represented by counsel, Per
Andersson)
Alleged victims:
The complainants
State party:
Sweden
Date of complaint:
7 July 2009 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 23 May 2012,
Having concluded its consideration of complaint No. 391/2009, submitted to the
Committee against Torture by Per Andersson on behalf of M.A.M.A. et al. under article 22
of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Having taken into account all information made available to it by the complainants,
their counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainants are M.A.M.A. (born on 25 June 1956), his wife S.S.Y. (born on
14 April 1960), and their six children, N.M.A.M.A. (born on 15 October 1984),
Ah.M.A.M.A. (born on 23 August 1987), S.M.A.M.A. (born on 16 February 1990),
K.M.A.M.A. (born on 7 February 1993), J.M.A.M.A. (born on 6 June 1994) and
Am.M.A.M.A. (born on 14 July 1995). The family is also named A.-P. in certain
submissions to the Swedish Migration Board and the Migration Court. The complainants
are all Egyptian nationals and they currently reside in Sweden. They claim that an
enforcement of the orders to expel them to Egypt1 would violate articles 3 and 16 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. The complainants are represented by counsel, Per Andersson.
1.2
Under rule 114 of its rules of procedure, the Committee requested the State party, on
8 July 2009, to refrain from expelling the complainants to Egypt while their communication
1
2
Egypt acceded to the Convention on 25 June 1986 but did not accept the Committee’s competence to
receive and consider individual communications in accordance with article 22 of the Convention.