CAT/C/35/D/254/2004
page 5
existence of a consistent pattern of gross, flagrant or mass violations of human rights does not
constitute sufficient reason for concluding that a particular individual is likely to be subjected to
torture on return to his or her country, and that additional grounds must therefore exist before
the likelihood of torture can be deemed to be, for the purposes of article 3, paragraph 1,
“foreseeable, real and personal”.2 The State party notes that the specific instances of torture in
Pakistan cited by the complainant concerned political activists, whereas the complainant himself
had never engaged in political activity.
4.7
As for the risk of torture incurred owing to the complainant’s links with his former
employer, the State party notes that officials who did not discharge particularly sensitive
functions within the former Government were not at risk of reprisals from the Pakistani army.
As a stenotypist, the complainant did not discharge such duties. In any event, had that been the
case, the State party considers that the complainant would certainly have been arrested
immediately after the October 1999 coup d’état and placed under house arrest. Furthermore the
complainant’s name did not appear on the so-called “Exit Control List” drawn up by the
Pakistani army, and which was tantamount to a prohibition on leaving the country for persons
whose names appeared on the list. Lastly, the State party notes that the house arrest of the
former Minister was lifted after 14 months; he seems not to have suffered ill-treatment and is on
good terms with the current Government.
4.8
From the standpoint of article 3 of the Convention, the State party indicates that,
according to the Committee’s consistent jurisprudence, this provision offers no protection to a
complainant who merely alleges a fear of being arrested on return to his or her country.3 This
conclusion is all the more valid where there is simply a possibility of being detained.4 The State
party considers that the complainant has not demonstrated that he is likely to be subjected to
torture in the event of arrest. Should criminal proceedings be initiated against the complainant,
he could, in any event, be represented by counsel and undoubtedly benefit from the support of
the former Minister.
4.9
Lastly, the State party explains that the complainant has never claimed to have suffered
ill-treatment in the past, or to have been politically active in Pakistan or elsewhere.
4.10 The State party concludes that the complainant’s statements do not lead to the conclusion
that there are substantial grounds for believing, as specified in article 3, paragraph 1, that he
would be in danger of being subjected to torture if returned to Pakistan.
Complainant’s comments on the State party’s observations
5.1
By a letter dated 26 May 2005 the complainant submitted comments on the State party’s
observations.
5.2
Regarding his position within the Ministry, he explained that while his job title was
“stenotypist”, that position in Pakistan corresponded to the post of the Minister’s personal
secretary. As such, he was privy to all communications, directives and orders issued by the
former Minister, both in the office and at home. He thus represented a major source of
information in any investigation into Mr. Sayyed’s activities.