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.]

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