CAT/C/66/D/776/2016
while the male complainant alleges to have been violently attacked and beaten on 16 April
2011 by the individuals who had been threatening him through telephone calls, he does not
claim to have needed or sought medical treatment following this incident, and does not
provide documentation indicating that he was attacked or subjected to torture. The
Committee also notes that the complainants do not provide any further details about the
incident or its aftermath in the communication, and do not explain why they believe that the
attackers were also responsible for the telephone calls. The Committee further notes that,
while the male complainant contests the determination of the Swiss authorities that the
threatening letter he received in March 2011 was inauthentic because it was written
partially in English, he has not described the contents of this letter and has not provided it
to the Committee. The Committee notes that he has not furnished any other documentation
to support his claims that he received threatening telephone calls on an almost daily basis
while working for the Swiss Embassy in Islamabad. The Committee observes that after the
threatening telephone calls, letter and attack, the complainants did not inform the Swiss
Embassy, and chose to return to Pakistan in September 2011 after a two-month stay in
Switzerland, with the intention of remaining in Pakistan. The Committee notes that, even
though the complainants learned, two months before leaving Pakistan, that the criminal
complaint for blasphemy had been filed, they voluntarily returned to the country a few
months later. The Committee considers that in these circumstances, the fact of the
complainants’ return to Pakistan does not support their claim that they feared for their lives
due to the alleged threats, attack and criminal complaint. The Committee also notes that the
alleged threats and attack occurred eight to nine years ago on account of the complainant’s
former employment position, which he left in 2011, and that it does not necessarily follow
that either complainant would be at risk of being tortured if returned to Pakistan today.
7.9
The Committee further notes that, while the complainants claim to have left Pakistan
for the second time in an emergency on 1 October 2011 after having discovered that they
were subject to an arrest warrant, they had already planned to return to Switzerland on the
same date, by purchasing a round-trip air travel ticket. The Committee observes that, while
the complainants assert that an arrest warrant was issued against both of them, they do not
provide details or documentation to support that claim, and do not indicate why the female
complainant would be subject to an arrest warrant when the criminal complaint and First
Information Report concerned only the male complainant. The Committee also observes
that the complainants do not allege to have had personal contact with the police or with
other individuals accusing them of blasphemy, and do not claim to have encountered
problems when leaving Pakistan in October 2011, despite the alleged arrest warrant. The
Committee further notes that the communication does not contain substantiated information
on any persecution faced by the female complainant. The Committee observes that the
complainants had two opportunities to be heard by the Federal Office for Migration, during
interviews in 2011 and 2014. The Committee considers that, while the complainants contest
the determination that the First Information Report and anonymous letters are inauthentic,
the arguments they raise do not demonstrate that the assessment of the documents by the
Swiss asylum authorities was clearly arbitrary or erroneous, or amounted to a denial of
justice. The Committee also notes that, while the complainants contest the authorities’
determination that the letters from church officials were merely letters of convenience, they
have not provided those letters to the Committee.
7.10 The Committee expresses concern that, under section 295-C of the Pakistan Penal
Code, blasphemy carries a mandatory death sentence, although the State has never executed
anyone for the offence.15 The Committee is also deeply concerned by reports that it is not
uncommon in Pakistan for community members to falsely accuse individuals of blasphemy
and violently attack them in mobs, without effective prevention or intervention efforts by
the State.16 In this regard, the Committee refers to its concluding observations issued in
15
16
10
See, e.g., the chapter on Pakistan in Human Rights Watch, World Report 2018 (New York, 2018).
E.g., United Nations High Commissioner for Refugees (UNHCR), Eligibility Guidelines for
Assessing the International Protection Needs of Members of Religious Minorities from Pakistan,
document HCR/EG/PAK/17/01, January 2017, pp. 39–40; Human Rights Commission of Pakistan,
State of Human Rights in 2017 (Lahore, 2018), pp. 3–4; United States Commission on International
Religious Freedom, 2018 Annual Report (Pakistan chapter) (Washington, D.C., 2018).
GE.19-13276