negative consequences for the family of the First Complainant. The
Complainants further submit that the breakup of the protest in the park and
the manner of its execution cannot be justified by any pressing need to protect
national security, the safety, health, ethics, rights and freedoms of others.
Finally, they contend that the incommunicado detention constituted
psychological trauma which also constitutes a breach of Article 18.
Respondent State’s Submission on the Merits
112.
The Respondents State submits that because of the historic and continuing
relationship and agreements between Sudan and Egypt, Sudanese nationals
enjoy the right of entry into Egyptian territory with any identification
document without hindrance, and that as such, the presence of Sudanese in
Egypt is based on the agreements, particularly the latest one of 04 April 2004
and not on asylum in its legal and international definition.
113.
The Respondent State submits that despite these special agreements, under the
UNHCR agreement to which Egypt is a party, UNHCR examines applications
in accordance with its standard practice, and thus that some Sudanese
nationals have obtained yellow cards (indicating their status as asylum
seekers) and blue cards (indicating their refugee status) and are entitled to the
treatment specified for these categories under the UNHCR agreement.
However, the State avers that “the vast majority of Sudanese nationals,
estimated between 2 and 5 million residing in Egypt, are neither refugees nor
asylum seekers.”
114.
The State further avers that “the UNHCR has ascertained that a huge number
of the Sudanese asylum seekers are ineligible for refugee status because the
requisite criteria for such status were unfulfilled,” mainly because they were
rather seen to be economic migrants. The Respondent State alleges that the
Sudanese nationals vehemently rejected the decisions of the UNHCR and
demanded that closed cases be reopened and that they be granted refugee
status in countries like the United States, Australia and Canada. According to
the Respondent State, the Sudanese nationals harassed the UNHCR staff on a
daily basis on their way in and out of the premises.
115.
The Respondent State alleges that the matter escalated into a continued sit-in
protest in the park opposite the UNHCR office building, and that the number
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