CCPR/C/117/D/2291/2013
Consideration of the merits
8.1
The Human Rights Committee has considered the communication in the light of all
the information made available to it by the parties, in accordance with article 5 (1) of the
Optional Protocol.
8.2
The Committee notes the authors’ claim that they would face ill-treatment or death if
they were removed to Pakistan due to threats they received because they are Ahmadis; and
that the government authorities in Pakistan would not be able to shield them from
persecution, as the Ahmadi religion is criminalized under domestic law. The Committee
also notes the State party’s observations, inter alia, that there is no evidence indicating that
the authors were particularly singled out in Pakistan and that the decision of the Refugee
Appeals Board was well founded and based on a comprehensive and thorough examination
of the evidence in the case and on current background material on the situation of Ahmadis
in Pakistan.
8.3
The Committee recalls its general comment No. 31, in which it refers to the
obligation of States parties not to extradite, deport, expel or otherwise remove a person
from their territory when there are substantial grounds for believing that there is a real risk
of irreparable harm such as that contemplated in articles 6 and 7 of the Covenant.11 The
Committee has also indicated that the risk must be personal12 and that there is a high
threshold for providing substantial grounds to establish that a real risk of irreparable harm
exists. Thus, all relevant facts and circumstances must be considered, including the general
human rights situation in the author’s country of origin.13 The Committee recalls that it is
generally for the organs of States parties to examine the facts and evidence of the case in
order to determine whether such a risk exists, unless it can be established that the
assessment was arbitrary or amounted to a manifest error or denial of justice.14
8.4
The Committee takes note that the State party’s authorities, after examining the
evidence provided by the authors in their asylum application, including interviews and oral
hearings, found that the authors had not shown that they would be at a personal risk of harm
upon return to Pakistan. The Committee notes in particular that the Refugee Appeals Board
accepted the authors’ allegations that they had received threatening letters, beginning in
June 2012, and that unknown individuals had painted a cross on the wall of their house
around the same time. The Board found that the situation that the authors risk facing was
not so severe as to indicate a well-founded fear of persecution by authorities or private
individuals as a result of their religious beliefs. It observed that there were between 2 and
4 million Ahmadis in Pakistan, and that Pakistani legislation had significantly restricted
their ability to practise their faith. As a result, Ahmadis were often threatened and harassed
by unspecified other groups. However, the Board found that the authors had not
substantiated their claim that they would face a specific and individualized risk of
persecution or abuse in Pakistan. The persecution endured by the authors had been of
“limited severity”, as they had only been subjected to threats for a short period of time
before their departure. Moreover, these anonymous threats were of a nature similar to the
nature of anonymous threats to which many Ahmadis had been subjected. The Board also
11
12
13
14
8
See general comment No. 31 (2004) on the nature of the general legal obligation imposed on States
parties to the Covenant, para. 12.
See, inter alia, communications No. 2393/2014, K v. Denmark, Views adopted on 16 July 2015,
para. 7.3; No. 2272/2013, P.T. v. Denmark, Views adopted on 1 April 2015, para. 7.2; and
No. 2007/2010, J.J.M. v. Denmark, Views adopted on 26 March 2014, para. 9.2.
See communications No. 2007/2010, J.J.M. v. Denmark, Views adopted on 26 March 2014, para. 9.2;
and No. 1833/2008, X. v. Sweden, Views adopted on 1 November 2011, para. 5.18.
See, inter alia, communications No. 2327/2014, Y v. Canada, Views adopted on 10 March 2016,
para. 10.3; and No. 2474/2014, X v. Norway, Views adopted on 5 November 2015, para. 7.4.