CAT/C/38/D/268/2005 page 8 8.5 The Committee takes note of the information supplied by the complainant, according to which he could be subjected to torture if he were arrested and placed in pretrial detention. An English translation of a police report dated 6 August 2004 and of an official summons dated 26 April 2005 seem to confirm that the complainant is suspected of murder, that he fled the scene of the crime and that he is still being sought by the authorities. While acknowledging that these documents are authentic, the Committee nevertheless recalls that the mere risk of being arrested and tried is not sufficient to conclude that there is also a risk of being subjected to torture.5 With regard to the 2004 annual report of the Human Rights Commission of Pakistan on conditions in Pakistani prisons, the Committee notes that the information contained in the report is of a general nature and does not demonstrate that the complainant himself would be in danger of being subjected to ill-treatment if he were arrested and imprisoned. As for the note from Mr. Khawaja Mohammad Asif of 16 October 2006 (see paragraph 7.1 above), the Committee observes that this note mainly concerns Mr. Asif’s detention between October 1999 and February 2000: it does not demonstrate that the complainant himself would be in danger of being arrested and tortured by the Pakistani authorities. The Committee also observes that the author of this note is a politician who holds a more important position than the complainant. 8.6 In the light of the foregoing, the Committee considers that the complainant has not sufficiently demonstrated the existence of substantial grounds for believing that his return to Pakistan would expose him to a real, specific and personal risk of torture, in the meaning of article 3 of the Convention. 9. Consequently, the Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, is of the view that the return of the complainant to Pakistan would not constitute a breach by the State party of article 3 of the Convention. [Adopted in English, French, Russian and Spanish, the French text being the original version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s annual report to the General Assembly.] ----- 5 Communication No. 57/1996, P.Q.L. v. Canada, Views adopted on 17 November 1997, para. 10.5.

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