CAT/C/61/D/687/2015
4.17 The complainant has also not provided any objective and credible evidence to
demonstrate that he is at personal risk of facing severe pain or suffering by, or with the
consent or acquiescence of, a public official or other person acting in an official capacity.
Despite his claim that he is at serious risk of torture by the police, the country’s security
and intelligence agencies and/or the country’s immigration authorities, the complainant has
provided no evidence to substantiate that allegation. He was not subjected to torture in the
past by or at the instigation of or with the consent or acquiescence of a public official or
other person acting in an official capacity. His concerns about being subjected to torture in
the future are related to local members of Sipah e Sahaba. There is also no evidence that the
complainant has engaged in political or other activity within or outside Pakistan that would
make him particularly vulnerable to a risk of torture.
4.18 In the event that the Committee believes it necessary to consider the general human
rights situation in Pakistan despite the fact that the complainant has not established that he
would be at risk of torture if returned to Pakistan, the State party observes that although
recent reports criticize the Government of Pakistan for not effectively addressing sectarian
violence, some efforts have been made by State authorities to denounce extremist sectarian
groups and to monitor and criminalize their activities. For example, in 2009 and 2010, the
then Interior Minister, Rehman Malik, identified Sipah e Sahaba as being involved in
terrorist activities in Pakistan and warned of strict action that the Government would take
against the group, including monitoring their activities and investigating and prosecuting
incidents believed to involve the group. In addition, since September 2008, the Government
has taken steps towards ensuring religious freedom and tolerance, including the
establishment of a 24-hour hotline to report acts of violence against religious groups. It has
also implemented new legislation to establish a federally empowered structure with special
federal courts, prosecutors, police stations and investigation teams, in order to support the
investigation and prosecution of terrorist offences.
4.19 The State party submits that the complainant relies on a number of reports
addressing the situation of religious minorities in Pakistan to support his assertion that
Sunni extremists are waging a war against religious minorities, especially Christians and
Shia. However, it notes again that, except for that one reference, the complainant has
always referred to himself as being a Sunni Muslim and, therefore, a member of the
majority religious group, and concludes that reports of violence against religious minorities
are not relevant to his allegations.
4.20 The State party also submits that the complainant has not substantiated his allegation
that he would be at risk of torture upon his return to Pakistan as a failed refugee claimant.
In his communication, the complainant claims that he “might be” a potential victim of
police torture and illegal detention. The State party submits that the domestic authorities
could not find any report of interviews, detentions or disappearances of failed Pakistani
refugee claimants upon their return to Pakistan which occurred after 2005.
Complainant’s comments on the State party’s observations
5.1
In his submission of 18 March 2016, the complainant reiterates his initial claims.
Regarding the State party’s argument that he is not under threat from the Government of
Pakistan or its officials, he states that the Government of Pakistan is indirectly involved in
the persecution. He reiterates that when he approached these officials to seek justice, he
was not helped and therefore was forced to leave Pakistan. He adds that the country’s
police and Government are reluctant to take any action against Sunni terrorist organizations
as these are supported by the Sunni-majority Government through its intelligence agency,
Inter-Services Intelligence (ISI). The complainant also submits that he is “a witness in the
fight against the terrible impunity and brutal killings by Sunni terrorist organizations in
Pakistan” and that “his family is also forced to suffer the same torture and harassment” by
the group in Pakistan.
5.2
The complainant argues that the situation in Pakistan is worse than ever, as every
day, Sunni organizations, particularly the Sunni Taliban, are killing innocents: (a) from 8 to
10 June 2014, Tehrik-e-Taliban gunmen laid siege to Jinnah International Airport in
Karachi, causing deaths and injuries; (b) in December 2014, the Taliban killed more than
145 schoolchildren in a cantonment area of Peshawar; (c) in January 2015, the Taliban
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