CAT/C/55/D/512/2012
of torture or other mistreatment of Sunni Muslims solely on the basis that they have
converted to Shi’ism.17
6.10 The State party notes that the complainant has submitted what appears to be a
notarized letter from Muhammad Asghar, the president of PPP Lahore, dated 20 November
2014, in support of his claim that he will be targeted by the PML-N or extremist groups if
returned to Pakistan. The letter describes the nature of the complainant’s participation in the
PPP in the 1988 election campaigns, in which the PPP formed the government in Pakistan,
and the events leading to the complainant’s departure from Pakistan in 1992. The letter
further describes retaliation by the Islami Jamhoori Ittehad and the PML-N against
members of the PPP throughout the 1990s, and the “strong ties” between the LeJ and
Sipah-e-Sahaba and the PML-N. According to Mr. Asghar, the complainant continues to be
sought by the PML-N because of his role in its defeat in the 1990 elections and because of
his ex-wife’s uncle’s connections with those groups. Without seeking to prejudge this
evidence, the State party observes that this letter provides only the most general overview
of the political tensions between the PPP and PML-N since 1988 without pointing to any
objective sources upon which these statements are based. The letter further lacks any
information regarding the nature of Mr. Asghar’s involvement in the PPP other than his title
as President of the Lahore branch; no information is provided about the length of time he
has occupied this position. The State party also notes that the letter contains only vague
references to the political “enemies” of the complainant who will seek him out if returned
to Pakistan. There is no indication in the letter that Mr. Asghar has any personal knowledge
of the events described, including those related to the complainant’s treatment in Pakistan,
or the statements regarding the intention of the PML-N, the police or the uncle of the
complainant’s former wife to seek him out upon his return. For all of these reasons, the
State party submits that the Committee should decline to give that document significant
weight in assessing the complainant’s claims.
6.11 Finally, the State party considers that the Committee has consistently expressed the
view that the fear of harm inflicted by non-governmental actors without the consent or
acquiescence of the State clearly falls outside the scope of torture as defined in article 1 of
the Convention.18 The complainant’s allegations regarding fear of harm by his former inlaws and by extremist groups, which would include the LeJ, are based on the actions of
non-governmental actors and are therefore incompatible with the definition of torture set
out in article 1. While the complainant claims that the LeJ operates as an extension of the
governing PML-N party in Pakistan, the complainant has not produced any objective
evidence that the Government of Pakistan consents or acquiesces to sectarian violence
perpetrated by the LeJ against persons of the Shia faith. As noted above, both Sipah-eSahaba and the LeJ are banned by the Government of Pakistan. Moreover, although there is
not a clear consensus in the country reports, the State party considers that some recent
reports suggest that the Government of Pakistan is making efforts to prevent religiously
motivated attacks from occurring. According to the United States Department of State’s
2013 International Religious Freedom Report on Pakistan, Pakistani authorities arrested
several extremist leaders responsible for attacks on Shia communities, including LeJ
leaders.19 In late 2013, the President, Mamnoon Hussain, and the Prime Minister,
Muhammad Nawaz Sharif, issued public statements condemning a major attack on Shias in
Punjab Province. The Chief Minister of Punjab Province has also created at least one
17
18
19
The State party cites United States Department of State, 2013 International Religious Freedom
Report: Pakistan; Human Rights Watch, World Report 2015: Pakistan; and Amnesty International,
Report 2014/15: The State of the World’s Human Rights, p. 281 ff.
The State party cites, inter alia, V.X.N. and H.N. v. Sweden, para. 13.8, and L.J.R.C. v. Sweden.
The State party cites pp. 14-16 of the report.
15