CAT/C/35/D/254/2004
page 7
6.5
In the present case the Committee considers that the indication that the complainant’s
former colleague, Mr. Mirani, reportedly gave the complainant’s name to the National
Accountability Bureau under torture does not in any way mean that the complainant is himself
likely to be arrested and tortured. The complainant merely asserts that on several occasions
unidentified men sought to determine his whereabouts. It would appear, in any event, that these
men ended their investigations around July 2001. Accordingly, the Committee considers
that there is nothing to indicate that the complainant is now being sought by the Pakistani
authorities.
6.6
Further, the Committee notes that the complainant, as a “stenotypist”, did not discharge
sensitive duties within the former Government. Further, his name did not appear on the Exit
Control List prepared by the Pakistani army, and the complainant himself acknowledges that he
was never an active political opposition figure. The Committee is thus unable to conclude that
the complainant would be exposed to a substantial risk of being tortured owing to his former
position within the Ministry.
6.7
The Committee also notes that the house arrest of the former Minister was lifted
after 14 months and that he was not troubled further by the Pakistani authorities. The Committee
thus considers it improbable that the complainant would be subjected to ill-treatment on his
return to Pakistan.
6.8
With regard to the risk of being arrested and charged owing to the fact that the
complainant left Pakistan illegally and made improper use of his official passport, the Committee
recalls that the mere fact that the complainant might be arrested and tried would not constitute
substantial grounds for believing that he would be in danger also of being subjected to torture.5
The complainant has not submitted any proof that he is likely to be subjected to torture in the
event of arrest.
6.9
In view of the foregoing, the Committee considers that the complainant has not
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, as required under article 3 of the
Convention.
7.
Accordingly, 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 does not reveal a breach of article 3 of
the Convention.
[Done 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.]