CAT/C/34/D/222/2002
page 4
against Z. E. and suspended for the time being owing to the absence of the individual concerned,
but that they will be immediately resumed upon his return to Pakistan. The President of CLA
also refers to three death sentences passed on Christians under article 295c of the Pakistani
Criminal Code. The complainant draws attention, with particular reference to reports by
Amnesty International and the Asian Human Rights Commission, to the risks that declared
apostates face when they come before the Pakistani justice system.
3.3
The complainant also submits a letter from his father dated 20 June 2002, explaining that
under pressure from the Muslim Students Federation the police have been going to his home
every month to try and arrest his son pursuant to article 295c of the Criminal Code. The letter
makes it plain that the complainant is accused of having insulted the Prophet, cast the Koran into
disrepute and spurned Islam, and can therefore expect the death penalty.
3.4
The complainant explains that, even if he were not to be arrested, his life and physical
safety would be in danger because the police would afford him no protection against threats from
his former fellow students and supporters of the Muslim Students Federation.
Comments by the State party on admissibility and the merits
4.1
By letter dated 3 February 2003, the State party indicated that it did not challenge the
admissibility of the complaint. It added that the deportation order against the complainant would
not be enforced until the Committee lifted its precautionary measure.
4.2
By letter dated 28 May 2003, the State party submitted its comments on the merits of the
complaint. It began by setting out the reasons why, following a detailed review of the
complainant’s allegations, the Swiss Asylum Review Commission, like the Federal Office for
Refugees, was not convinced that Z. E. was seriously at risk of prosecution if deported to
Pakistan.
4.3
In its decision dated 5 August 2002, the Asylum Review Commission found it surprising
that the complainant, Christian by background and religion, had been able to practice his
religion, visit Christian prisoners every week and attend Christian congresses abroad, sometimes
for several months each year, while on the other hand being the President of the faculty Muslim
Students Federation without his fellow students noticing that he was not a Muslim. Such a
situation, if true, at the very least indicated that there was a modicum of tolerance in Pakistan,
even assuming that the complainant had concealed his religion on being appointed President of
the Federation. Indeed, the State party argues, the fact that the complainant had been prepared to
serve as President of the Muslim Students Federation at his faculty showed beyond any doubt
that he was not all worried about being disturbed or threatened.
4.4
Other evidence also challenged the notion that the complainant had been persecuted by
the authorities or was wanted for blasphemy: between January and July 1999, according to the
State party, the complainant lived undisturbed at his family’s second home in Johannabad,
some 20 kilometres from Lahore. Although he claims to have been at his uncle’s home in
Karachi in August and September 1999, where again he encountered no problems, the
complainant had a new passport issued in Lahore on 12 August 1999. The State party argues
that the complainant must plainly have stated his religion in order to obtain the passport.