CAT/C/38/D/249/2004 Page 11 the MQM date back several years (1990-1994) and that he does not seem to have had any problems with the MQM for several years. With regard the fire of his house and his forced retirement in 1999, the State party does not consider that these incidents imply that the complainant has reason to fear persecution or torture from MQM. 10.6 With regard to the complainant’s fear of reprisals by the JEM, the State party questions the role played by him in the banning of the organization, and points out that he has not submitted any documentation to support this claim, even though he was requested to. In addition, he has not submitted any documentation to support his claim regarding the attack of his house or the kidnapping of his nephew. Finally the State party considers that the complainant is free to establish himself in any part of Pakistan, including areas where MQM and JEM do not have their primary scene of activity. 10.7 On the claim in relation to the blasphemy case, the State party explains the content of the Pakistani blasphemy laws, in particular Sections 295, 296, 297 and 298 of the Penal Code, which address offences relating to religion8. According to the State party, no person has been executed by the Pakistani Government under any of these provisions. However, some persons have been sentenced to death, or have died while in official custody. The State party is aware that complaints under the blasphemy laws have been used to settle disputes. They have also been used to harass religious minorities or reform-minded Muslims. However, most blasphemy complaints are directed against the majority Sunni Muslim community (309 complaints between 1986 and 2004, as opposed to 236 complaints against Ahmadis during the same period), and most of the cases are ultimately dismissed at the appellate level. However, the accused often remain in jail for years awaiting a final verdict. 10.8 With regard to the complainant’s statement that his problems in Pakistan are partially caused and enhanced by the fact that he is an Ahmadi, the State party acknowledges that Ahmadis in Pakistan suffer from various restrictions of religious freedom and may suffer discrimination in employment and in access to education. It points out that the complainant has nonetheless held a high position in the Pakistani army. 10.9 The State party further points out that it is aware that the Ahmadis are subject to specific restrictions of law, and refers to Section 298(c) of the Penal Code, prohibiting Ahmadis to call themselves Muslims, to refer to their faith as Islam, to preach and propagate their faith, to invite others to accept the Ahmadi faith and to insult the religious feelings of Muslims. The punishment of violation of this section is imprisonment for up to three years and a fine. The State party emphasizes that it has carefully considered the fact that the complainant is Ahmadi. Even though the Ahmadis in Pakistan face legal barriers to the practice of their faith, and relations between religious communities in some areas may be tense, the State party does not consider that the complainant has reason to fear persecution within the meaning of the Convention upon return to Pakistan. 8 Section 295(a) stipulates a maximum 10-year sentence for insulting the religion of any class of citizen. Section 295(b) stipulates a sentence of life imprisonment for “whoever willfully defiles, damages, or desecrates a copy of the holy Koran”. Section 295(c) establishes the death penalty for directly or indirectly defiling the “sacred name of the Holy Prophet Mohammed”. Section 298(a) forbids the muse of derogatory remarks about holy personages.