author’s life, such as his sports career. The State party states that the medical evidence was considered in the post-claim risk-assessment, but that the author’s failure to produce medical evidence in proceedings before the Canadian tribunals deprived them of the opportunity to test this evidence. The State party argues that there was no reason why the author could not have advanced this evidence in previous proceedings of competent tribunals and submits that the issue was directly relevant to the determination made by the Refugee Division. It is argued that the generally applicable principles relating to the reception of new evidence militate strongly against the Committee accepting it now as a basis for overriding the prior findings of the Canadian tribunals. 8.6 The State party contends that the available evidence does not support the author’s claim that he personally is sought after by the Pakistani authorities. The State party submits that the author’s secessionist activities are pursued by thousands of others in his region with the support of Pakistan. It is moreover argued that there is no evidence that the Baltistan Student Federation, of which the author allegedly is a leader, is the target of Pakistani repression. The State party further points out that, although the author alleges that there is an outstanding warrant for his arrest, he does not identify the charge or actions on which that warrant is based. The State party moreover indicates that the author’s family continues to live in Pakistan unharmed and without harassment. 8.7 In this context, the State party submits that article 3 of the Convention should not be interpreted to offer protection to persons who voluntarily place themselves at risk. "In other words, Mr. Khan should not be able to invoke article 3 on the basis that he might again participate in the activities of a militant organization and be subject to the risks associated with the violent activities such organizations use and in turn, face. [...] The important point is that currently Mr. Khan does not attract any particular attention in Pakistan and his return by Canada would not pose a risk." 8.8 In conclusion, the State party submits that the evidence presented by the author is insufficient to demonstrate that the risk of being tortured is a "foreseeable and necessary" consequence of his return to Pakistan. In this context, the State party submits that the supporting affidavit by a lawyer from Pakistan was from a member of JKLF, itself a terrorist organization with a particular interpretation of the Kashmiri situation. No sufficient evidence has been submitted which shows that the author’s BSF activities render him a target of the Pakistani authorities. On the contrary, the documentation available suggests that the author’s militant activities were in fact common in the north of Pakistan and supported by the Government. Counsel’s comments and State party’s clarification: 9.1 In his comments, dated 26 October 1994, on the State party’s submission, counsel claims that it is clear that the real circumstances of the author’s case have never been fairly examined by the State party. He refers to the documentation submitted to the Committee, among which information indicating that already eight activists for Kashmir independence had been killed by Pakistani supporters and that a bomb attack had taken place against one of the JKLF leaders, and claims that there is a great deal of documentary evidence of repression against those who want independence for Kashmir. He also refers to the earlier submitted affidavit by a Kashmir human rights lawyer, at present a refugee claimant in Canada, who corroborates the author’s story. -51-