79 (iv) (v) (vi) (vii) (viii) (ix) (x) If the assurances have been issued by the central government of the receiving State, whether local authorities can be expected to abide by them.225 Whether the assurances concern treatment which is legal or illegal in the receiving State.226 Whether they have been given by a Contracting State.227 The length and strength of bilateral relations between the sending and receiving States, including the receiving State’s record in abiding by similar assurances.228 Whether compliance with the assurances can be objectively verified through diplomatic or other monitoring mechanisms, including providing unfettered access to the applicant’s lawyers.229 Whether there is an effective system of protection against torture in the receiving State, including whether it is willing to cooperate with international monitoring mechanisms (including international human rights NGOs), and whether it is willing to investigate allegations of torture and to punish those responsible.230 Whether the reliability of the assurances has been examined by the domestic courts of the sending/Contracting State.231 249. As for the consideration given to context and the weight that must be assigned to it even if assurances have been offered, in Agiza v. Sweden the United Nations Committee against Torture wrote that the rendition of the petitioner from Sweden upon the written assurances presented by the Egyptian Government representative was in violation of Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The assurances in that case stated that the petitioner would not be subjected to torture or any other inhuman treatment, that he would not be sentenced to death or executed, and that the Swedish Embassy could monitor his trial and visit him before and after his conviction. Nevertheless, the Committee learned that the Swedish authorities knew or should have known the risk of torture facing the petitioner in Egypt. The Committee pointed out that “[t]he procurement of diplomatic assurances, which, moreover, provided no mechanism for their enforcement, did not suffice to protect against this manifest risk.”232 225 ECHR. Chahal v. the United Kingtom. p. 105-107. Cited in. ECHR. Case of Othman (Abu Qatada) v. The United Kingdom. Application no. 8139/09. Judgment of 17 January 2012. Final 9 May 2012. Para. 189. 226 ECHR. Cipriani v. Italy, no. 221142/07, 30 March 2010; Youb Saoudi v. Spain, no. 22871/06, 18 September 2006; Ismaili v. Germany, no. 58128/00, 15 March 2001; Nivette v. France, no. 44190/98. Cited in. ECHR. Case of Othman (Abu Qatada) v. The United Kingdom. Application no. 8139/09. Judgment of 17 January 2012. Final 9 May 2012. Para. 189. 227 ECHR. Chentiev and Ibragimov v. Slovakia, nos. 21022/08 and 51946/08, 14 September 2010; Gasayev v. Spain (no. 48514/06, 17 February 2009). Cited in. ECHR. Case of Othman (Abu Qatada) v. The United Kingdom. Application no. 8139/09. Judgment of 17 January 2012. Final 9 May 2012. Para. 189. 228 ECHR. Babar Ahmad and Others, p. 107 and 108; Al-Moayad v. Germany, no. 35865/03, p. 68, 20 February 2007. Cited in. ECHR. Case of Othman (Abu Qatada) v. The United Kingdom. Application no. 8139/09. Judgment of 17 January 2012. Final 9 May 2012. Para. 189. 229 ECHR. Chentiev and Ibragimov v. Slovakia, nos. 21022/08 and 51946/08, 14 September 2010; Gasayev v. Spain (no. 48514/06, 17 February 2009). Cited in. ECHR. Case of Othman (Abu Qatada) v. The United Kingdom. Application no. 8139/09. Judgment of 17 January 2012. Final 9 May 2012. Para. 189. 230 ECHR. Koktysh v. Ukraine, no. 43707/07, p. 63, 10 December 2009). Cited in. ECHR. Case of Othman (Abu Qatada) v. The United Kingdom. Application no. 8139/09. Judgment of 17 January 2012. Final 9 May 2012. Para. 189. 231 ECHR. Al-Moayad v. Germany, no. 35865/03, p. 66-69, 20 February 2007. Cited in. ECHR. Case of Othman (Abu Qatada) v. The United Kingdom. Application no. 8139/09. Judgment of 17 January 2012. Final 9 May 2012. Para. 189. 232 Committee against Torture, Algiza v. Sweden, paragraph 13.4.

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