CCPR/C/117/D/2291/2013
5.3
The State party erroneously refers to the situation of Ahmadis in Pakistan as a
generally difficult situation. Ahmadis are the target of religious or ethnic cleansing in
Pakistan and the situation for Ahmadis in Pakistan has been deteriorating since 2012. The
authors are unable to seek protection from the Pakistani authorities, who might accuse them
of violating the law against blasphemy. In 2013, approximately 100 individuals were
accused of violating that law.
5.4
In further comments dated 15 September 2015, the authors add that the State party
has violated their rights under articles 6 and 13 of the Covenant. The female author was
unable to attend religious gatherings in Pakistan because it was too dangerous for her to do
so, while the male author risked his life while “gather[ing] with other male members of the
community”. The authors’ daughter has obtained refugee status in the United Kingdom of
Great Britain and Northern Ireland and one of their sons had to flee Pakistan after the
authors had left. More recently, another of the authors’ relatives was attacked because he is
an Ahmadi. Some individuals believe that killing Ahmadis will allow them to access
heaven. Thus, the authors have a well-founded fear of being subjected to violence on
account of their faith.
State party’s further observations
6.1
On 17 June 2015 and 11 February 2016, the State party reiterates its prior
observations and informs the Committee that, on 29 October 2014, the authors’ reopened
application for a residence permit on humanitarian grounds was denied by the Danish
Immigration Service. On 27 April 2015, the Immigration Appeals Board upheld that
decision.
6.2
The authors’ comments contain no information on their alleged personal risk of
harm. Concerning the situation of Ahmadis in Pakistan, the State party refers to a report by
LandInfo, dated 3 July 2014 and available on the Refugee Appeals Board website.6
6.3
Asylum proceedings fall outside the scope of article 14 of the Covenant. The
authors’ claim under article 14 is therefore inadmissible ratione materiae.
6.4
Prior to their comments dated 15 September 2015, the authors had not previously
invoked articles 6 or 13 of the Covenant and they have not substantiated these claims. The
6
6
In the report, entitled “Thematic memorandum – Pakistan: the situation of Ahmadis”, it is stated, inter
alia, that, according to statistics provided by Ahmadi leaders, between 2005 and the end of 2012,
60 Ahmadis were charged with blasphemy under section 295-C of the Pakistan Penal Code, and
therefore faced the death penalty. A historical study published by the Center for Research and
Security Studies indicated that during the 50-year period from 1953 to 2012, five Ahmadis were
killed for blasphemy. The report also cites guidelines published in 2012 by the United Nations High
Commissioner for Refugees as stating, “Blasphemy cases carry a mandatory capital punishment since
1991, although no death sentence has reportedly been carried out”. The report also cites Ahmadi
leaders as stating in 2014 that a legislative amendment requiring senior police officials to investigate
and approve a blasphemy charge before a report can be taken has not had the intended effect, and
cases of false charges against Ahmadis can still occur. However, relatively few cases are brought
before the courts and adjudicated. Nevertheless, there is always a risk that individuals who have been
charged will be remanded in custody and subjected to proceedings that do not comply with due
process. Concerning violence, the report states that Ahmadis endure desecration of graves, violent
demonstrations and, in relatively few cases, killings. The authorities show little will to protect
Ahmadis, whether by making legislative amendments or taking measures against abuse and abusers.
This means that “serious discrimination, harassment and violence against Ahmadis take place without
any countermeasures being taken by the authorities”. Persons enjoying local status and esteem are
those who are most often exposed to targeted killings. “Low-profile or ordinary Ahmadis are only
exposed to targeted killing if they have been charged with blasphemy”.