CAT/C/64/D/680/2015
State party’s additional observations
8.
In a note verbale of 31 March 2016, the State party reiterated its observations on the
merits of the complaint and requested the Committee to review the decision to grant interim
measures or to fast-track the consideration of the complaint on the basis that the complaint
was not complex, the documentation was complete and that all domestic procedures had
been finalized.
Complainant’s comments on the State party’s additional observations
9.1
On 1 December 2016, the complainant submitted his comments on the State party’s
observations. The complainant rejects the State party’s assertion that his claims have been
evaluated through robust and comprehensive domestic administrative and judicial processes.
He notes that the Federal Circuit Court has no jurisdiction to review the fairness of adverse
credibility findings made by the Refugee Review Tribunal. This limitation means that
unreasonable decisions made by the Tribunal of this nature cannot be reviewed. The
procedure for appeal to the Minister is also not robust: the Minister is not required by law to
deal with those requests according to procedural fairness and hence there is no transparency
or accountability, and no reasons are offered for negative decisions.
9.2
The complainant notes that the Refugee Review Tribunal, while observing that the
authorities gained control of the Swat Valley in 2008, recognized that the security situation
in the area was unpredictable, and that there were still a number of Taliban-related terrorist
groups operating in Pakistan. He refers to reports from the Pakistan Institute of Peace
Studies and the Department of State of the United States of America, which indicate that
more than half of the reported terrorist attacks in 2015 were carried out by the Pakistani
Taliban, mainly the Tehrik-e Taliban Pakistan and affiliated local Taliban groups. The
goals of the Tehrik-e Taliban Pakistan include waging a terrorist campaign against the
military and State of Pakistan, against North Atlantic Treaty Organization forces in
Afghanistan and overthrowing the Government of Pakistan. The Government began talks
with the Tehrik-e Taliban Pakistan, but they broke down after the attack on Karachi Airport
on 8 June 2014 and the Pakistan military began armed operations against the group.
9.3
With regard to the State party’s assertion that it was implausible that the
complainant was unable to find a way to disembark the ship on which he was employed and
claim asylum in a safe country to which the ship travelled subsequent to 2009 and before 15
December 2011, the complainant notes that he and others were frequently denied short
leave at such ports, mostly by local immigration authorities. This happened in Brazil,
Uruguay and Australia, the latter in 2007, 2008, 2009 and 2010. Other countries in which
he was allowed shore leave were not safe.
9.4
With regard to the State party’s assertion that the complainant has no evidence of
being shot in the stomach, the complainant submits that there was a misunderstanding
during the translation. What he attempted to claim was that he had been stabbed in the
armpit by a bayonet attached to an AK-47. He is currently seeking medical evidence to
support this claim.
9.5
Furthermore, the complainant notes that he is attempting to secure an up-to-date
psychological report as to the state of his mental health, noting that he has been diagnosed
with depression and has been referred to a specialist trauma counselling service. He
attributes his inconsistent behaviour with regard to admitting his membership in the Awami
National Party to his poor mental condition. He had renounced the Party and attempted to
block them out of his mind because they had done nothing to help him when he was facing
difficulties in Pakistan prior to his departure.
Additional submissions by the complainant
10.
On 9 February 2017, the complainant submitted a copy of a doctor’s report
confirming that he had a scar on his upper left arm consistent with having been stabbed
there, and a copy of a psychologist’s report from the New South Wales Service for the
Treatment and Rehabilitation of Torture and Trauma Survivors that identified that he was
suffering from post-traumatic stress disorder, anxiety and depression.
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