Last update - 00:00 20/08/2007
African Refugees / Expulsion to Egypt may contravene int'l law
By Ruth Sinai
Egypt did not meet its obligations, and the UN concluded that Sweden had violated international conventions against torture since it was aware of Egypt's troublesome record on such matters. Israel's expulsion of 50 nationals of African countries to Egypt on Saturday may also be viewed as a violation of that same convention, in light of testimonies received in the past about the conditions of incarceration and the torture suffered by African asylum-seekers who were expelled to Egypt from Israel.
Attorney General Menachem Mazuz argues that Israel did not "expel" the refugees, but rather Israel "prevented their entry" into the country and is therefore not violating international accords.
On the basis of this argument, a practice had been instituted called "immediate return," which permits deporting anyone caught crossing the border into Israel back to Egypt.
However, not only were the 50 refugees held in Israel for more than a day, which dispels any claims for exercise of the "immediate return" policy, but this is an Israeli invention which has no grounding in international law. It does not stipulate time-related or other details that explain what is or is not allowed, and it violates a host of international regulations, as well as a promise made to the Supreme Court by the government (2005) that "immediate return" to Egypt would be avoided.
According to international law, any person who crosses the border of a country and claims asylum, even if this person is not recognized as a refugee, is entitled to a hearing.