CAT/C/66/D/776/2016
2017 on the initial report of Pakistan, in which it expressed concern about reportedly
inadequate efforts by government authorities to protect vulnerable individuals, including
members of Christian communities and individuals accused of blasphemy, from violence
by non-State actors (CAT/C/PAK/CO/1, para. 36). The Committee recalls that according to
its general comment No. 2 (2007) on the implementation of article 2, the failure of States
parties to exercise due diligence to intervene to stop, sanction and provide remedies to
victims of torture facilitates and enables non-State actors to commit acts impermissible
under the Convention with impunity (para. 18). However, the Committee also recalls that
the occurrence in the country of return of human rights violations, whether by State or nonState actors, is not in and of itself sufficient for it to conclude that a complainant is
personally at risk of being tortured.17 The Committee refers to its findings in paragraphs 7.8
and 7.9 above, and considers that in the present case, the complainants have not
demonstrated that the State party failed to properly assess their claims that the male
complainant was sought by the police in connection with blasphemy allegations and was
threatened and violently attacked by individuals who had asked him to illegally provide
them with Swiss visas. For the reasons stated above, the Committee considers that the
information submitted by the complainants is insufficient to establish substantial grounds
for believing that if returned to Pakistan, they would face a foreseeable, personal, present
and real risk of being tortured, either by State officials or by uncontrolled non-State agents.
8.
On the basis of the above, and in the light of the material before it, the Committee
considers that the complainants have not provided sufficient evidence to enable it to
conclude that their forcible removal to Pakistan would expose them to a foreseeable, real
and personal risk of torture within the meaning of article 3 of the Convention.
9.
The Committee, acting under article 22 (7) of the Convention, decides that the
complainants’ removal to Pakistan by the State party would not constitute a violation of
article 3 of the Convention.18
17
18
GE.19-13276
E.g., I.E. v. Switzerland (CAT/C/62/D/683/2015), para. 7.8.
The Committee nevertheless expresses concern at the complainants’ uncontested claim that although
the State party requested to discontinue the present communication on 25 April 2017 on the ground
that the complainants had disappeared, they had already informed the Swiss authorities of their move
from government-provided housing to a private residence in Switzerland in a letter dated 24 March
2017.
11