CAT/C/38/D/249/2004 Page 4 documents, did not give the proof that he would be persecuted in Pakistan, and that the late submission of the document cast doubt on its veracity. In a further submission to the Committee, dated 10 March 2005, the complainant submits a copy of an “application for registration of criminal case against the respondent”, dated 8 March 2005 and signed by Tahir Yaqoob, accusing him of “preaching against the spirit of Islam”. He further asserts that the police have been looking for him at his house to arrest him. He claims that if he were returned and convicted, he would risk the death penalty, in accordance with article 295c of the Pakistani Penal Code. 2.4 The complainant also claims that a case is pending against him under a “Haddood ordinance”, with a potential punishment of “14 years rigorous imprisonment” and “30 stripes”. 2.5 The complainant invokes the US State department report for 2003, which refers to the discriminatory treatment of religious minorities in Pakistan, including the use of “Hudood” ordinances, which apply different standards of evidence to Muslims and non-Muslims for alleged violations of Islamic law. There are specific legal prohibitions against Ahmadis practicing their religion. It mentions that blasphemy laws are most often used against reformist Muslims and Ahmadis. According to the report, no person has been executed by Pakistan under provision 295c of the Penal Code, but some individuals were sentenced to death, and others accused under this provision have been killed by religious extremists. 2.6 On 10 May 2004, the complainant was informed that the UNE had rejected the Committee against Torture’s request for interim measures on the ground of non-exhaustion of domestic remedies, and he was requested to leave the country. The complaint 3. The complainant initially claimed that his deportation to Pakistan would violate article 3 of the Convention, as there were substantial reasons for believing that he would be subjected to torture or other inhuman treatment if returned to Pakistan. He submitted that he may be killed by terrorist organizations and that he faced death penalty because of the pending blasphemy charge against him. He also claimed that if returned to Pakistan, the Police would arrest him and torture him in the context of investigation on his pending cases. State party’s observations on admissibility 4.1 On 1 June 2004, the State party submitted its observations on the admissibility of the communication and contended that the communication was inadmissible because the complainant has failed to exhaust domestic remedies. It claimed that an application for judicial review was available to the complainant after his application had been turned down by the immigration authorities. He also had the possibility to file an application for an injunction, asking the court to order the administration to suspend his deportation. The State party submitted that under paragraphs 15-2 and 15-6 of the Legal Enforcement Act 1992, an order for an injunction may be granted if the plaintiff: (a) demonstrates that the impugned decision will probably be annulled by the court when the main case is to be adjudicated, and