story, since he commenced his refugee claim in 1990, but did not allege torture until 1994. 8.1 The State party refers to the Committee’s Views in respect of communication No. 13/1993 (Mutombo v. Switzerland), and submits that, in determining whether article 3 of the Convention against Torture applies, the following considerations are relevant: (a) the general situation of human rights in a country must be taken into account, but the existence of a consistent pattern of gross, flagrant or mass violations of human rights is not in and of itself determinative; (b) the individual concerned must be personally at risk of being subjected to torture in the country to which he would return; and (c) "substantial grounds" in article 3(1) means that the risk of the individual being tortured if returned is a "foreseeable and necessary consequence". The State party submits that it examined each of these elements and that it came to the conclusion that no substantial grounds existed for believing that the author would be in danger of being subjected to torture. 8.2 The State party submits that, although the human rights situation in Pakistan is of concern, this does not mean that a consistent pattern of gross, flagrant or mass violations of human rights exists. As regards the northern part of Pakistan, the materials examined by immigration officials show that the political status of the Northern Territories has never been resolved. In theory, it is disputed territory and it has never been represented in the Pakistan National Assembly. In practice, it is administered as Pakistani territory. The Jammu and Kashmir Liberation Front (JKLF), to which the Baltistan Student Federation is allegedly associated, is one of the numerous militant organizations that operate in the Kashmir region of both India and Pakistan, some of whom advocate independence while others advocate accession to Pakistan. The State party submits that JKLF was founded in 1964 and that it is responsible for numerous acts of terrorism, including summary executions, kidnappings and bomb explosions. 8.3 As to the question whether the author personally faces a risk of being subjected to torture if returned to Pakistan, the State party submits that there are significant inconsistencies in the statements made by the author during the various proceedings. For instance, the dates of arrests and length of detentions given by the author at several occasions are at variance with each other, as are the reasons given for his arrest. The State party contends that these inconsistencies impact significantly on the veracity of the author’s story and the credibility of his claims. 8.4 In this context, the State party refers to the finding of the Refugee Division, whose members had the benefit of conducting an oral hearing with the author, that the author’s testimony was largely fabricated. The State party submits that "it is a widely acknowledged principle of international law, recognized in the practice of international tribunals (and in particular human rights treaty bodies which have authority to consider individual communications) that the findings of national tribunals on matters of fact and domestic law should not be disturbed by an international body". It states that the Committee should therefore be extremely hesitant to alter findings of fact by the Refugee Division. 8.5 As regards the medical evidence submitted by the author, the State party emphasizes that this was not produced until July 1994, although the refugee claim dates from 1990. It further states that the evidence confirms that the author has various scars, but that there is no indication that these scars are the result of torture or that they could have been caused by other events in the -50-

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