Advance unedited version CAT/C/60/D/701/2015
they were wearing”. The State party further notes that in a written statement dated 20
August 2012, which was before the decision-maker assessing the complainant’s protection
visa application, the complainant described the same events referred to in his statutory
declaration and in his protection visa interview and alleged that the conduct was perpetrated
by “the authorities” or “the government authorities”. The State party further notes that in
the Refugee Review Tribunal hearing on 6 December 2012, the complainant gave evidence
that the same conduct was inflicted by the Pakistani authorities and that in his request for
Ministerial intervention he claimed that he feared harm from the Taliban and Pakistani
intelligence authorities. The State party notes that in his complaint before the Committee,
the complainant also claims to fear mistreatment by the ISI. The State party observes that
the complainant has not previously raised his alleged torture by or fear of harm from the
Pakistani Army or ISI at any point during the various domestic processes and submits that
it appears that the author is raising new claims of torture by the Pakistani Army or the ISI
based on the same evidence he previously provided to domestic decision-makers. The State
party contends that this factor raises doubts about his credibility. The State party submits
that this new claim does not add any weight to the complainant’s complaint given that the
Refugee Review Tribunal determined that there was not a real risk that he would suffer
significant harm as a consequence of being returned to Pakistan, even though it accepted his
claims of having been abducted and beaten by Pakistani authorities.
4.4
The State party notes that the complainant has also alleged that there is no safe place
to which he could relocate if returned to Pakistan. It argues that the Department of
Immigration and Citizenship and the Refugee Review Tribunal closely considered the
complainant’s profile during the domestic processes and determined that he would not be of
interest to the Pakistani authorities and would not suffer harm if returned to Pakistan.
4.5
The State party further notes that the complainant has also provided new evidence
regarding his mental health in his complaint before the Committee, but it considers that this
does not raise any new and credible claims, and is not relevant to an assessment of the State
party’s non-refoulement obligations under article 3 of the Convention.
4.6
The State party notes the complainant’s allegations that there is a consistent pattern
of gross, flagrant or mass violations of human rights against people suspected of being
associated with the Balochi nationalist movement in Pakistan. The State party argues that
extensive country information on Pakistan and the return of failed asylum seekers were
carefully considered during the domestic proceedings. The State party refers to the
Committee’s views in G.R.B v Sweden5 and notes that the existence of a general risk of
violence does not constitute a sufficient ground for determining that a particular person
would be in danger of being subjected to torture upon return to that country as additional
grounds must exist to show the individual concerned would be personally at risk. The State
party further submits that according to recent country information there has been no
relevant adverse change to the country situation since the complainant’s claims were last
assessed to indicate that the State party’s non-refoulement obligations would be engaged in
the complainant’s case.
4.7
The State party notes that the complainant has also referred to the Committee’s
views in Khan v. Canada. In this connection, it submits that the complainant in Khan v.
Canada was an active member of an anti-government, pro-independence organisation who
had continued his involvement in this organisation after leaving Pakistan, unlike the
complainant in the present complaint who has been comprehensively assessed as being of
no interest to the Pakistani authorities and who does not have a profile that would warrant
attention if returned to Pakistan.
5
Communication No. 83/1997, G.R.B v Sweden, Views adopted on 15 May 1998, paragraph 6.3.
5