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”.

Select target paragraph3