CAT/C/38/D/249/2004
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admissibility of the communication under article 22, paragraph 2, relating to the abuse of the
right of submission of communications.
15.1 On 11 and 18 May 2006, counsel commented on the State party’s new submission and
requested interim measures of protection. She claims that the letter referred to by the State
party has no evidentiary value in Norwegian courts, because the Norwegian Embassy in
Islamabad concluded, in its report, that the case was genuine. She further argues that there are
no grounds to invoke article 22, paragraph 2, as the request to withdraw the complaint has no
basis in Norwegian administrative law, which requires that only new information may
motivate such a request. UNE’s decision of 30 March 2006, which allowed the complainant
to return to the State party, was based on the “high probability that the complaint was
engineered by the complainant himself”. She thus argues that any ground for believing that
he has engineered his own blasphemy case does not amount to new information.
15.2 Counsel claims that the letter from the Ahmadiya Office does not reflect the reality in
relation to the case against the complainant. She indicates that the complainant has been in
conflict with the leader of the Sheikuphura mission and that the letter may have been written
for other motives. She submits copy of a letter she sent to the Ahmadiya Office on 18 May
2006, requesting the evidence that made it reach the conclusion that the complainant had
engineered the blasphemy case himself. She further recalls that an arrest order was issued
against the complainant, and that the blasphemy case is only one among many indicators that
his life would be in danger in Pakistan. She submits copy of an affidavit by Colonel (Retd.)
Muhammad Akram according to which the complainant, who, while in the army, took part in
many operations against terrorists in Karachi, is at danger of being killed by terrorists.
15.3 Counsel indicates that the complainant’s asylum case remains pending before the
Borgarting Regional Court and that the complainant has still not been afforded legal aid. The
pending proceedings relate to the author’s appeal of the decision of 30 March 2006, on the
grounds that he should be granted refugee status.
15.4 On 31 July 2006, the complainant filed additional comments on the State party’s
submission. He indicates that on 5 July 2006, UDI decided in his favour by ordering that he
be issued an alien passport. In respect of the letter issued by the Ahmadiya Office, he claims
that he did not engineer the blasphemy case himself and that it resulted from an order of 23
December 2005 by the Session Judge of the District Court of Sheikhupura, who had
examined a complaint against the author. He further argues that the Ahmadiya Community
cannot itself investigate such cases, and that they provided their opinion rather than an
account of the facts. He submits copy of a letter sent by his counsel on 2 June 2006 to the
Norwegian Ahmadiya community, from which it transpires that the letter sent on 18 May had
remained without reply. That letter further complains that the complainant was not afforded
an opportunity to refute the allegations against him, and that he had not been directly
informed that he had been expelled from the community. She finally asked a number of
questions relating to the investigation and letter from the Ahmadyia Office.
15.5 On 16 August 2006, counsel commented further on the State party’s submission,
indicating that she is not aware whether UDI has opened a withdrawal case further to UNE’s
request to do so. She also indicated that the Norwegian Ahmadiya community had no
knowledge of how the Ahmadyia Office in Rabwah came to the conclusion that the