CAT/C/55/D/512/2012
Recent human rights and religious freedom reports on Pakistan do not refer to any incidents
of torture or other mistreatment of Sunni Muslims who convert to Shi’ism. 3 Lastly, the
complainant has not provided independent evidence to support his allegations concerning
the alleged threat of future harm from his former in-laws. There is no reason to believe that
his ex-in-laws would seek to harm him today, more than 20 years after his departure from
Pakistan. Moreover, the documentation provided by the complainant does not establish a
risk of such harm. The divorce papers state that the marriage was dissolved because of the
complainant’s cruelty and because he abandoned his ex-wife to go to the United States;
they do not establish that the complainant’s in-laws are responsible for the divorce, or that
they bear ill-will towards him. The police reports do not establish a link between the deaths
of the complainant’s relatives and the alleged harm he fears, nor do they suggest that the
perpetrators were motivated in any way by a desire to retaliate against him. The personal
letters provided were written by individuals who have an interest in seeing the complainant
remain in Canada and who reside in Canada and therefore lack first-hand knowledge of the
allegations made. The letters feature hearsay and broad allegations in relation to the
complainant’s claims. Moreover, the newspaper clippings provided by the complainant
indicate that honour killings are mostly related to sexual infidelity, and there are no reports
of honour killings due to religious conversion. The clippings reporting sectarian violence
against Shias in Pakistan do not establish that the complainant would be personally at risk
of torture upon removal.
4.4
The State party also considers that the communication is inadmissible pursuant to
rule 113 (c) of the Committee’s rules of procedure and article 22 of the Convention,
because the harm the complainant fears at the hands of his former family members does not
constitute torture within the meaning of article 1 of the Convention. He fears being the
victim of an honour killing at the hands of non-governmental actors. The Committee has
consistently held that fears of harms inflicted by non-governmental actors without the
consent or acquiescence of the State fall outside the scope of torture as defined by article 1
of the Convention.4
4.5
The State party further considers that the Committee is not competent to reevaluate
findings of credibility or fact made by competent domestic authorities. The allegations set
forth by the complainant are substantially the same as those made in the PRRA and before
the Federal Court of Canada. The national proceedings disclose no manifest error or
unreasonableness and were not marred by serious irregularities.
4.6
Finally, the State party considers that the communication is wholly without merit,
for the reasons set forth above.
Complainant’s comments on the State party’s observations
5.1
On 30 May 2013, 7 August 2013, 16 August 2013, 4 September 2013, 7 November
2013, 10 July 2014, 27 November 2014 and 10 June 2015, the complainant provided
additional comments and documentation. He asserts that he abandoned his refugee claim
owing to the State party’s failure to communicate with him, not because of any error on his
part. The complainant had a lawyer when he filed his refugee claim, but the lawyer stopped
pursuing the case when he did not get paid (the complainant’s application for legal aid was
3
4
6
The State party cites United States Department of State, 2011 International Religious Freedom
Report: Pakistan and Amnesty International Report 2012.
The State party cites, inter alia, communications Nos. 130/1999 and 131/1999, V.X.N. and H.N. v.
Sweden, Views adopted on 15 May 2000, para. 13.8; No. 218/2002, L.J.R.C. v. Sweden, decision
adopted on 22 November 2004, para. 5.2; and No. 49/1996, S.V. v. Canada, Views adopted on 15
May 2001, para. 9.5.