SWEDEN: EGYPTIAN DEPORTED IN CIA PLANE CASE MAY

C O N F I D E N T I A L STOCKHOLM 000221 SIPDIS SIPDIS E.O. 12958: DECL: 02/28/2017 TAGS: PTER PREL PGOV SW SUBJECT: SWEDEN: EGYPTIAN DEPORTED IN CIA PLANE CASE MAY BE ABLE TO RETURN TO SWEDEN Classified By: Polcouns Casey Christensen, reason 1.4 (b) and (d). ¶1. (u) The Swedish Government reached and published a decision March 1 overturning their decision of December 18, 2001, expelling from Sweden Mohamed Alzery, one of the Egyptians involved in the much-publicized "CIA Planes" case in Sweden. According to the terms of the decision, Alzery can now apply for residency and asylum status in Sweden; a final decision on the application will be taken by the Swedish Migration Board. In addition, the Justice Chancellor is authorized to consider monetary damages to Alzery, the amount of which the decision says "may exceed" the standard scale of damages. ¶2. (u) The new decision takes notice of criticism of the Alzery and Agiza expulsion voiced by the UN Committee for Human Rights, as well as the internal evaluation by the Swedish Security Police (SAPO) that mistakes were made in handling the expulsion. The government concludes that Sweden did not have sufficient guarantees that Alzery and Agiza would not be tortured. ¶3. (u) Egyptian citizens Mohamed Alzery and Ahmed Agiza were expelled from Sweden to Egypt in December 2001. Both were incarcerated in Egypt on terrorism charges and have alleged they were tortured. Alzery is out of prison but remains in Egypt, reportedly under surveillance; Agiza remains behind bars. The case has attracted considerable and continued media attention in Sweden. ¶4. (c) While the decision does not guarantee that Alzery will obtain residency and asylum in Sweden -- status he was denied under the December 18, 2001, decision -- that appears to be the intended outcome. As the decision specifically authorizes consideration of damages more generous than normal, that is also a likely result. The new decision is intended to counter the effects of the criticism of the UN Human Rights Committee and other international criticism, while at the same time allowing the new Moderate-led government to demonstrate it is correcting a "mistake" of the Social Democratic government that authorized the expulsions. ¶5. (c) The Swedish case differs from other "CIA Planes" cases in that the individuals involved were expelled under the terms of a formal Swedish government decision. These were not extraordinary renditions. Nonetheless, the story has continued to percolate in the press, focusing on the process before the expulsion (due or not; guarantees re torture),the circumstances of the expulsion, ("CIA planes" and "masked agents"),and torture in Egypt. WOOD