Advance unedited version CAT/C/60/D/701/2015
7.8
In this connection, the Committee takes note of the complainant’s claim that he is at
risk of being subjected to treatment contrary to article 3 of the Convention by Pakistani
authorities if forcibly returned to Pakistan due to his perceived connection to the Balochi
nationalist movement. The Committee notes that the complainant has previously been
arbitrarily detained and ill-treated by Pakistani authorities, that he has asserted that he was
detained for a period of ten days and pressured into stating that he would provide any
information he could obtain on the Balochi nationalist movement to the authorities and that
the authorities contacted him after his release in order to question him further. The
Committee further observes that the State party has accepted as a fact that the complainant
was arbitrarily detained and ill-treated. The Committee also observes that the State party
has not accepted the complainant’s claims regarding the detention period or that he was
pressured into stating that he would provide any information obtained on the Balochi
nationalist movement to the authorities. The Committee notes that the State party does not
provide any concrete arguments to justify its conclusion and that no specific information
has been presented that would raise doubts about the complainant’s assertion. The
Committee is therefore of the view that, when assessing the alleged risk in the particular
case of the complainant, the State party failed to take into due consideration the author’s
allegations regarding the events he experienced in Pakistan when assessing the alleged risk
he would face if returned to his country of origin.
8.
On the basis of all the information submitted to it, the Committee is therefore of the
view that the complainant has provided sufficient evidence for it to consider that his return
to his country of origin would put him at a real, present and personal risk of being subjected
to torture.
9.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, therefore concludes that the return of the complainant to Pakistan would
constitute a breach of article 3 of the Convention.
10.
In the light of the above, the Committee, acting under article 22 (7) of the
Convention, is of the view that the State party has an obligation, in accordance with article
3 of the Convention, to refrain from forcibly returning the complainant to Pakistan or to any
other country where he runs a real risk of being expelled or returned to Pakistan.
11.
Pursuant to rule 118, paragraph 5, of its rules of procedure, the Committee invites
the State party to inform it, within 90 days from the date of the transmittal of this decision,
of the steps it has taken in accordance with the above observations.
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