CAT/C/56/D/604/2014
Home Office, in a report from 2014 on religious freedom in Pakistan, notes that there are a
significant number of Shia communities across Pakistan, Shia mosques and places of
worship are located in most major cities and towns, and in most cases there are options for
Shia Muslims to relocate to areas of relative safety in Pakistan. 27 The same report also
states that “[t]he greatest threat for Shia Muslims in Pakistan is sectarian violence and
targeting by militants, although the intensity and frequency may vary from region to
region”.28 The ability of state authorities to protect religious minorities also varies from
region to region. For instance, during the holy month of Muharram, in 2013, terrorist
attacks on Shia processions in the major cities of Karachi and Lahore were thwarted by
effective police action.29
4.33 The State party recalls the Committee’s consistent views affirming that persons who
would be able to live free of risk in another part of their own country are not entitled to
international protection.30 The complainant has not provided sufficient objective evidence
to substantiate that he would not be able to reside free of personal risk in another part of
Pakistan. The State party also notes that the complainant has not provided documentary
evidence that someone with his profile — the son of a local Shia leader — would be at
particular risk of torture in Pakistan.
4.34 The complainant has not substantiated his allegation that he would be at risk of
torture upon return to Pakistan as a failed refugee claimant. In support of this allegation, the
complainant has provided in the body of his complaint an extract from a research document
published by the Immigration and Refugee Board dated 2 December 2008.31 While the text
in question describes incidents of detention prior to 2005, it does not, as a whole, suggest
that failed refugee claimants are subjected to treatment in Pakistan amounting to torture.
Moreover, the complainant has omitted relevant portions of the research document, which
notes that no reported cases of detentions or disappearances of failed refugee claimants
were found after 2005 during the period covered by the report. In addition, the document
states that the Human Rights Commission of Pakistan, an independent non-governmental
organization that monitors the state of human rights in Pakistan, stated in correspondence
dated 24 May 2005 that failed refugee claimants “are not usually detained”.32 The
27
28
29
30
31
32
majority country. However, Choudhary v. Canada is distinguishable from the present communication
on several grounds: in Choudhary v. Canada, the author had provided proof of State involvement in
the persecution, namely proof that criminal blasphemy charges had been laid against him; in contrast,
the complainant in the present case has provided no evidence of State acquiescence. Secondly, the
Human Rights Committee considered violations of articles 6 and 7 of the International Covenant on
Civil and Political Rights, the right to life and the right to be free from torture or cruel, inhuman or
degrading treatment or punishment. Articles 6 and 7 are much broader than the non-refoulement
obligation contained in article 3 of the Convention, which is restricted to torture, not other forms of
persecution.
See United Kingdom (Home Office), “Country Information and Guidance: Pakistan: Religious
Freedom” (2014), para. 1.3.37, available at:
www.gov.uk/government/uploads/system/uploads/attachment_data/file/331640/Pakistan_CIG.Religio
us_freedom.2014.07.16.v1.0.pdf. However, see also United States (Commission on Religious
Freedom), 2014 Annual Report, pps. 75-77, available at: www.uscirf.gov/reports-briefs/annualreport/2014-annual-report.
See United Kingdom Home Office, “Country Information and Guidance: Pakistan: Religious
Freedom”, para. 1.3.33.
Ibid., paras. 2.5.9, 1.3.35.
See communications No. 183/2001, B.S.S. v. Canada, decision adopted 12 May 2004, para. 11.5; and
No. 245/2005, S.S.S. v. Canada, decision adopted 16 Nov 2005, para. 8.5.
Immigration and Refugee Board of Canada (Research Directorate), “Pakistan: Treatment of failed
refugee claimants in Pakistan” (2 December 2008).
Immigration and Refugee Board of Canada Response to Information Request. The Human Rights
13