CAT/C/38/D/249/2004 Page 7 6.7 The Committee considered that the State party, in ratifying the Convention and voluntarily accepting the Committee's competence under article 22, undertook to cooperate with it in good faith in applying the procedure. The Committee noted that compliance with the interim measures called for by the Committee was essential in order to protect the person in question from irreparable harm, which could, moreover, nullify the end result of the proceedings before the Committee. The State party was invited to comply with the Committee's request for interim measures of protection.2 Update of factual background and issues in relation to the request for interim measures Interim measures and deportation of the complainant 7.1 On 16 January 2006, counsel informed the Committee that the complainant had been deported to Pakistan. She claims that the State party refuses to cooperate with the Committee and that it did not comply with the Committee’s request for interim measures of 2 April 2004. She adds that newspapers in Pakistan have published the registration of a case against the complainant for preaching “Qadianiat”3, and provides copy of these articles and a translation. She informs that the complainant lives in hiding and fear for his life. 7.2 On 3 February 2006, counsel submitted copies of several documents, including an application for registration of a criminal case against the complainant in Pakistan, by Mr. Tahir Yaqoob, dated 9 March 2005, and a “Contempt Petition” dated 20 October 2005, referring to the above document, requesting the Court to initiate proceedings against the complainant. State party’s comments on issues related to interim measures 8.1 On 15 February 2006, the State party provided an update of the facts. It recalls that the Oslo City Court considered the complainant’s case on 7 December 2004. After a two-day hearing with extensive oral statements by the complainant, his wife, and witnesses, including an expert witness from the Immigration Appeals Board (UNE) with personal and up-to-date knowledge of the human rights situation in Pakistan, the Court concluded that the complainant’s (and his family’s) return to Pakistan would not constitute a breach of section 15 of the Immigration Act, which has the same substantive content as article 3 of the Convention. On the basis of this decision, the Court also held that UNEs expulsion order may be executed. The appeal of the former decision was scheduled to be heard on 3 and 4 April 2006. The latter decision was confirmed by the Borgarting Lagmannsrett (Court of Appeal) on 24 February 2005. 8.2 Further to this decision, the complainant requested UNE to review his case and to stay the expulsion on the basis of new information. On 19 September 2005, UNE confirmed its earlier decision. 8.3 On 21-22 September 2005, the complainant was deported to Islamabad with police escort, and accepted by the Pakistani authorities. He was questioned concerning the expiry of 2 See T.P.S v. Canada, Communication No. 099/1997, paragraph 15.6, and Cecilia Rosana Núñez Chipana v. Venezuela, Communication No. 110/1998, paragraph 8. 3 The complainant explains that religious fundamentalists name the Ahmadi community “Qadiani”.